Water Works, Inc. v. Federal Aviation Administration

37 F.3d 1508 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. WATER WORKS, INC., Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent. No. 93-70175. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 1994. Decided Sept. 19, 1994. 1 Before: WALLACE, Chief Judge, BROWNING, Circuit Judge, and TURRENTINE, * District Judge. 2 MEMORANDUM ** 3 "Characteristics indicating finality include providing a 'definitive' statement of the agency's position, having a 'direct and immediate' effect on the day-to-day business of the complaining parties, having the 'status of law,' and carrying the expectation of 'immediate compliance with [its] terms.' " Blincoe v. F.A.A., --- F.3d at ---- (9th Cir.1994) ( quoting FTC v. Standard Oil Co. of California, 449 U.S. 232, 239 (1981)). Viewed in light of these well-established criteria and this court's opinion in Blincoe, the District Office's letter is clearly not a "final" order. 4 By its terms, the letter is not a…