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HUDSON v. F.A.A.

No. 98-1295.

192 F.3d 1031 (1999)

Paul S. HUDSON and Aviation Consumer Action Project, Petitioners, v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 8, 1999.

Rehearing Denied December 8, 1999.

Attorney(s) appearing for the Case

Nicholas H. Cobbs argued the cause for petitioners. With him on the briefs was Nicholas Gilman.

Bruce G. Forrest, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were David W. Ogden, Acting Assistant Attorney General, Robert S. Greenspan, Attorney, and Kenneth G. Caplan, Federal Aviation Administration.

Sherilyn Peterson argued the cause for amicus curiae The Boeing Company. With her on the brief was Kirstin S. Dodge.

Before: WALD, SILBERMAN, and TATEL, Circuit Judges.

Rehearing En Banc Denied December 8, 1999.*

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Petitioners claim that respondent Federal Aviation Administration violated the Administrative Procedure Act by issuing a purported policy statement without notice and comment rulemaking and that the FAA's issuance of a "type certificate" for the Boeing 777-300 pursuant to the newly adopted policy...

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