SPIRIT AIRLINES v. UNITED STATES DEPT. OF TRANSP.

No. 19-1248.

997 F.3d 1247 (2021)

SPIRIT AIRLINES, INC., Petitioner v. UNITED STATES DEPARTMENT OF TRANSPORTATION AND FEDERAL AVIATION ADMINISTRATION, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 21, 2021.


Attorney(s) appearing for the Case

Aimee W. Brown , Washington, DC, argued the cause for petitioner. On the briefs were Joanne W. Young and David M. Kirstein , Washington, DC. Kannon K. Shanmugam , Washington, DC, entered an appearance.

Scott P. Lewis , Cambridge, MA, and Thomas R. Devine , Washington, DC, were on the brief for amicus curiae Airports Council International — North America in support of petitioner.

Benjamin M. Shultz , Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Michael S. Raab , Attorney, Steven G. Bradbury , General Counsel, U.S. Department of Transportation, Paul M. Geier , Assistant General Counsel for Litigation and Enforcement, Joy K. Park , Senior Trial Attorney, and Arjun Garg , Chief Counsel, Federal Aviation Administration.

Before: Henderson and Walker, Circuit Judges, and Ginsburg, Senior Circuit Judge.


Spirit Airlines, a low-fare passenger carrier, challenges the Federal Aviation Administration's decision not to reallocate peak-period flight authorizations previously held by Southwest Airlines at Newark International Airport. Spirit argues this decision was arbitrary and capricious because the FAA improperly failed...

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