AIRMARK CORPORATION, Petitioner,
v.
FEDERAL AVIATION ADMINISTRATION, Respondent,
Transamerica Airlines, Inc., Delta Air Lines, Inc., American Airlines, Inc., Intervenors.
CAREFREE VACATIONS, INC. and Worldwide Airlines, Inc., Petitioners,
v.
FEDERAL AVIATION ADMINISTRATION, Respondent,
Transamerica Airlines, Inc., Delta Air Lines, Inc., American Airlines, Inc., The Flying Tiger Line, Inc., National Airlines, Inc. and Air Transport International, Inc., Intervenors.
TRADEWINDS AIRWAYS, LTD., Petitioner,
v.
DEPARTMENT OF TRANSPORTATION and Federal Aviation Administration, Respondents,
Transamerica Airlines, Inc., Delta Air Lines, Inc., American Airlines, Inc., The Flying Tiger Line, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 27, 1985.
Decided March 29, 1985.
Attorney(s) appearing for the Case
Herbert A. Rosenthal, Washington, D.C., with whom Robert M. Hausman, Washington, D.C., was on the brief, for petitioners Airmark Corp., and Carefree Vacations, Inc., et al.
Joanne W. Young, Washington, D.C., with whom Mahlon M. Frankhauser, Washington, D.C., was on the brief, for petitioner Tradewinds Airways, Ltd.
Anne S. Almy, Atty. Dept. of Justice, Washington, D.C., with whom Peter R. Steenland, Jr., Atty. Dept. of Justice, Washington, D.C., was on the brief, for respondents.
James S. Dillman, Atty., F.A.A., Washington, D.C., was on the brief for respondent FAA.
Donald T. Bliss, Washington, D.C., with whom Carl R. Schenker, Jr., Washington, D.C., and Robert S. Harkey, Atlanta, Ga., were on the brief for intervenors Delta Air Lines, Inc. and American Airlines, Inc.
Jeffrey A. Manley, Washington, D.C., was on the brief for intervenor Transamerica Airlines, Inc.
Joel Stephen Burton, Alfred J. Eichenlaub, Robert L. Deitz, Ira T. Kasdan, Washington, D.C., and Lawrence M. Nagin, Los Angeles, Cal., were on the brief for intervenor The Flying Tiger Line, Inc. in Nos. 84-1654 and 84-1657.
Richard J. Kendall and Eileen M. Gleimer, Washington, D.C., were on the brief for intervenors Nat. Airlines, Inc., et al., in No. 84-1654.
Charles E. Doyle, Washington, D.C., was on the brief for U.S. Senator Nancy Landon Kassebaum, amicus curiae, supporting respondents.
Gary Keane, Dallas Fort Worth Airport, Tex., was on the brief for Dallas-Fort Worth Intern. Airport Bd., amicus curiae, supporting respondents.
Roy Nerenberg, George T. Volsky, Lawrence D. Wasko and Gary B. Garofalo, Washington, D.C., were on the brief for Airlift Intern., Inc., et al., amicus curiae, supporting respondents.
Before ROBINSON, Chief Judge, and TAMM and WALD, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge TAMM.
TAMM, Circuit Judge:
These expedited cases raise a series of related questions concerning the appropriate administration of Federal Aviation Administration (FAA) authority to grant exemptions from 14 C.F.R. § 91.303 (1984), a regulation that imposes noise standards on four-engine jet aircraft in commercial operations. Petitioners Carefree, Worldwide, and Tradewinds challenge as arbitrary and capricious...
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