Faa
Americopters, LLC v. Federal Aviation Administration
Opinion
Opinion
McKEOWN, J.
Jan’s Helicopter Service, Inc. (“Jan’s”) and Americopters, LLC (“Americopters”) filed petitions for review under 49 U.S.C. § 46110 , requesting relief from the actions of certain officials of the Federal Aviation Administration (“FAA”) that, according to the flight services, had the effect of halting their flight operations. In separately filed appeals based on the same facts, Jan’s and Americopters challenge the district court’s dismissal of their complaints for lack of jurisdiction under § 46110, which vests in the court of appeals exclusive jurisdiction to review FAA final orders.
We dismiss the petitions for lack of jurisdiction because they were untimely filed without reasonable grounds for delay. As to the appeals, with one exception, the district court correctly dismissed the claims for lack of jurisdiction; the court erred in dismissing the constitutional claims for damages based upon allegations that the FAA’s actions effected a taking of property in violation of the Due Process Clause.
BackgRound
Jan’s and Americopters are not related by common ownership, although they share the same attorney and face similar legal issues. The FAA and district court addressed their…