The Federal Aviation Administration today proposed to rescind the congestion management rules for JFK, LaGuardia and Newark that would have created auctions for slots at those airports. (Click here for the JFK and Newark proposal, click here for the LaGuardia proposal) Those rules were ardently opposed by the airlines as well as by
Port Authority
D.C. Circuit Court of Appeals Stays Slot Auctions at JFK, LaGuardia and Newark
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The U.S. Court of Appeals for the District of Columbia Circuit granted a stay of the slot auctions that were scheduled to take place on January 12, 2009, pending arguments on whether the FAA has the legal authority to auction the slots.
Although the court’s order does not go into any details as to…
Legal Analysis of the FAA’s Slot Auction Rule for JFK and Newark Part 2
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Posted in Federal Aviation Administration (FAA)
Analysis of Legal Issues Regarding Slot Auctions, Part Two.
Having established previously that the FAA does not have specific authority to lease or otherwise dispose of slots, FAA turns to its general power to dispose of property in order to justify its auctioning of the slots. Under 49 U.S.C. 106 FAA is authorized to:…
Legal Analysis of the FAA’s Slot Auction Rule for JFK and Newark Part 1
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Posted in Federal Aviation Administration (FAA)
Pt. 1: Setting The Stage
When the FAA adopted its slot auction rules for LaGuardia, JFK and Newark Airports, it did so despite the fact that the GAO had issued a legal opinion stating that it believed that the FAA did not have a legal basis to conduct auctions of slots at the airports. …
GAO Declares FAA Does Not Have Legal Authority to Auction Slots
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Posted in Federal Aviation Administration (FAA), Legal
The GAO, in a legal opinion issued September 30, 2008, declared that "FAA currently lacks the authority to auction arrival and departure slots, and thus also lacks authority to retain and use auction proceeds." This legal opinion came as a result of a Congressional request.
In April and May, 2008, the FAA issued proposed…