MENARD v. F.A.A.

No. 07-60592.

548 F.3d 353 (2008)

Lonny J. MENARD; Roxann Menard, Petitioners, v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Fifth Circuit.

November 10, 2008.


Attorney(s) appearing for the Case

Ralph E. Allen, Tyler, TX, for Petitioners.

Robert Joel Lundman, U.S. Dept. of Justice, Environment & Natural Resources Div., Marion C. Blakey, Andrew Steinberg, FAA, Paul Maitland Geier, U.S. Dept. of Transp., Office of Gen. Counsel, Washington, DC, for Respondent.

Daniel L. Bates, Decker, Jones, McMackin, McClane, Hall & Bates, Fort Worth, TX, for Intervenors.

Before WIENER, GARZA, and DeMOSS, Circuit Judges.


DeMOSS, Circuit Judge:

In this case, we ask whether petitioners Lonny and Roxann Menard ("the Menards") may compel respondent, the Federal Aviation Administration ("FAA") to reverse course on two administrative decisions. The Menards contend that two airspace orders made by the FAA in 2007 were arbitrary and capricious, or alternatively, that the orders were subverted by prejudice, bias, or improper ex parte communications. The Menards own a small turf runway...

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