Government & Regulatory Affairs
In this section:   letters • issue briefs • testimony • events • agency filings • related links • court filings

court filings

ATA participates as a litigant or amicus curiae in judicial proceedings concerning a wide range of issues having a significant policy or precedential impact on the industry.  In this section, you will find ATA briefs and other filings in these important cases.

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US Airways v. O’Donnell

ATA’s amicus brief argues that New Mexico is preempted from applying its liquor licensing laws to airlines serving the State, and the 21st Amendment does not override the preemptive effect of the federal aviation laws. (February 18, 2010)

Slot Auction Case - ATA Reply Brief in Support of Motion for Stay

ATA's reply brief in support of its motion to stay the implementation of the slot auction rules for LGA, JFK, EWR affirms that airlines will suffer irreparable harm if the FAA is permitted to auction slots at the three airports on January 12, 2009, and that ATA is likely to succeed on the merits argument that Congress did not give FAA the authority to auction slots. A ruling is expected before the January 12 auction. (Nov. 26, 2008)

ATA Seeks Stay of Slot Auctions

Asserting that allowing DOT to confiscate slots and auction them off in January will cause airlines irreparable injury and cause significant harm to passengers from cancelled flights, ATA has asked the U.S. Court of Appeals to stay the FAA’s auction rules for La Guardia, Newark and JFK airports until the court rules on ATA’s challenge to those rules. (Nov. 5, 2008)

ATA Sues FAA to Invalidate Slot Auctions Rules

ATA has sued FAA in federal court to invalidate two slot auction rules, one rule for LGA and another for both JFK and EWR. ATA’s lawsuit challenges FAA’s claim that slots are agency property that can be leased or otherwise disposed of under FAA’s general property management authority. ATA will seek a stay of the auction planned for early January. (Oct. 14, 2008)

ATA Petition on DOT Airport Rates and Charges Policy

ATA filed a challenge to the Department of Transportation Policy for Airports Rates and Charges, which was recently amended to allow airports to adopt a form of congestion pricing. (Sept. 5, 2008)

ATA Petition on Slot Auctions

ATA filed a petition for review in the U.S. Court of Appeals against the FAA for its decision to auction slots. (Aug. 11, 2008)

Clark County v. Vacation Village

ATA joined again with the Airports Council International-North America, the Air Line Pilots Association, the Aircraft Owners and Pilots Association, the National Business Aviation Association and the Regional Airlines Association to file and amicus brief with the US Supreme Court supporting Clark County's petition for a writ of certiorari of a 9th Circuit decision involving height restriction around McCarran airport. Like the McCarran v. Sisolak case, which the Supreme Court declined to review earlier this year, this is an inverse condemnation case in which the court awarded compensation under Nevada law. (Nov. 19, 2007)

ATA v. Cuomo

ATA, on behalf of its member air carriers, challenged a New York statute that creates a state airline passenger bill of rights. The New York statute violates the preemption provision of the federal Airline Deregulation Act, which expressly provides that states "may not enact or enforce a law, regulation or other provision having the force and effect of law, related to a price, route or service of an air carrier..." (Oct. 23, 2007)

Rowe v. New Hampshire Motor Transport Association

ATA and FedEx filed an amicus brief in the US Supreme Court supporting several motor carrier groups in their challenge to a Maine statute regulating delivery of tobacco products. The case addresses the interpretation of the preemption provision of the Federal Aviation Administration Authorization Act of 1994, which uses language identical to the "prices, routes or services" preemption provision of the Airline Deregulation Act. (Oct. 11, 2007)

Cerquiera v. American Airlines

ATA filed an amicus brief in support of American Airlines in this discrimination case involving an airline pilot's discretion in dealing with perceived security issues. (Aug. 2, 2007)

Eid v. Alaska Airlines

ATA filed an amicus brief supporting Alaska Airlines in a lawsuit brought by a group of non-U.S. passengers who sued for damages due to delay resulting from the pilot's decision to divert the flight. (Jan. 19, 2007)

McCarran v. Sisolak

ATA joined with the Airports Council International--North America, the Air Line Pilots Association, the Aircraft Owners and Pilots Association, the National Business Aviation Association and the Regional Airlines Association to file an amicus brief with the U.S. Supreme Court urging them to review a decision by the Nevada Supreme Court. (Jan. 12, 2007)

Application of the EU ETS to US Airlines -- Questions and Answers on the ATA Legal Challenge in the United Kingdom

ATA and three of its individual airline filed a legal action in the United Kingdom challenging the first stage of the UK’s Aviation Greenhouse Gas Emissions Trading Scheme Regulations. The Q&A explains why ATA initiated this legal action and addresses some frequently asked questions about the action.

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