San Diego Air Sports Center, Inc., a California Corporation v. Federal Aviation Administration

San Diego Air Sports Center, Inc. (“SDAS”) challenges a letter from the FAA that says parachuting will no longer be allowed in the San Diego Terminal Control Area. An agency determination is reversed if it is “arbitrary, capricious, an abuse of discretion or not otherwise in accordance with law.” 5 U.S.C. § 706 (2)(A); see Garrett v. Lehman, 751 F.2d 997 , 999 n. 1 (9th Cir.1985). Because the FAA failed to comply with the law in issuing the letter, we reverse.

I

SDAS operates a sports parachuting business in Otay Mesa, California. SDAS offers training to beginning parachutists and facilitates recreational jumping for experienced parachutists. SDAS indicates that the majority of jumps occur at altitudes in excess of 5800 feet.

The jump zone used by SDAS overlaps the San Diego Traffic Control Area (“TCA”). Although the aircraft carrying the parachutists normally operate outside the TCA, the parachutists themselves are dropped through it. Thus, each jump must be approved by air traffic controllers.

In July of 1987, an air traffic controller in San Diego filed an Unsatisfactory Condition Report complaining of the strain that parachuting was putting on the controllers and raising…