EAA goes to Court over FAA's User Fee !!!!!!!

Sierra Hotel!

EAA Petitions Federal Court on FAA ATC Charges



July 3, 2013 - EAA today filed a petition with the U.S. Court of Appeals for the Seventh Circuit in Chicago, asking the court to review and provide relief from payments demanded by the Federal Aviation Administration in relation to air traffic control services at EAA AirVenture Oshkosh.


In its petition, EAA asks the court to stop the FAA from augmenting its congressionally approved appropriation through unilaterally imposed fees on aviation events such as AirVenture. EAA maintains the fees were imposed without standard notice and comment procedure from the FAA, making it procedurally improper and unlawful.


"While we understand the FAA's position and the temptation to augment its congressional appropriation, we naturally don't agree since we believe this approach unlawfully circumvents congressional approval and standard due process," said EAA Chairman Jack J. Pelton. "This affects AirVenture and numerous other aviation events throughout the nation in an unauthorized and unjustified manner. That is why we are seeking review, relief, and clarification from the court."


Despite the FAA receiving exclusive authority from Congress in April to internally move funds within the agency's budget specifically for air traffic control services, the FAA told EAA in early May that it would demand a signed contract and payments for air traffic and safety services that had been annually budgeted in the past. Those fees eventually totaled $447,000. Other aviation events throughout the nation were also assessed fees without warning or the standard notice and comment procedure.


As part of the petition, EAA is asking the court to reverse the FAA's decision to seek these payments, as well as the return of fees already paid and other costs incurred.

see http://www.eaa.org/news/2013/2013-07...TC-charges.pdf

Any update to this yet? What is the current status?

Quote:

---

Originally Posted by FloridaJohn

Any update to this yet? What is the current status?

---

It it appears that the massive omnibus appropriations bill for 2014 undermines the FAA's ability to extort. They can still extort, but any money they do is then decremented from their appropriation. Text from the Bill below:

Provided further, That there may be credited to this appropriation as offsetting collections funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources for expenses incurred in the provision of agency services, including receipts for the maintenance and operation of air navigation facilities,

Quote:

---

Originally Posted by TedK

It it appears that the massive omnibus appropriations bill for 2014 undermines the FAA's ability to extort. They can still extort, but any money they do is then decremented from their appropriation. Text from the Bill below:

Provided further, That there may be credited to this appropriation as offsetting collections funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources for expenses incurred in the provision of agency services, including receipts for the maintenance and operation of air navigation facilities,

---

Ooooh, that's nasty! Thanks for posting.

The nice thing is, it gives the FAA an easy out. They can issue a publicity release stating, "Out of the goodness of our hearts, we're not going to charge Sun-N-Fun/EAA any more." A court ruling against them on this issue would have been embarrassing, this way, they can back off without having established a precedent.

Ron Wanttaja

A court ruling could have forced a refund.

I'll take what I can get though.

Quote:

---

Originally Posted by Anymouse

A court ruling could have forced a refund.

I'll take what I can get though.

---

As far as I know, this lawsuit is still in the court system. EAA should continue with the suit so that they can get a refund, regardless of what happens this summer.

Quote:

---

Originally Posted by Anymouse

A court ruling could have forced a refund.

I'll take what I can get though.

---

The Lawsuit was a crapshoot. I had hopes that EAA would prevail, but there are enough oddities in Federal Law and Regulation that i doubt it was a sure bet. Now the Judge can point to the unambiguous Law, how he wraps that backward will be interesting.

The legal fees could clearly overshadow the cost of one year, but the long term implications made it worthwhile for both camps. Now with the utility to the FAA removed by Congress, it will be interesting to see if the FAA settles out of court.

A couple of points came out of the 2014 Appropriations Bill.

1. Congress prohibited User Fees by the FAA.
2. GA has real clout getting this extortion proofing language into the Bill.
3. Congress is irritated with FAA. Congress even attached A daily Fine of $100k per day on late FAA reports to Congress.