Foundation for the Conservation of Nature, International v. Federal Aviation Administration

70 F.3d 1278 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. FOUNDATION FOR THE CONSERVATION OF NATURE, INTERNATIONAL, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent. No. 94-70402. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1995. * Decided Nov. 21, 1995. Before: WRIGHT, FERNANDEZ and KLEINFELD, Circuit Judges. 1 ORDER ** 2 Foundation for the Conservation of Nature, International (FCNI) appeals the Federal Aviation Administration's (FAA) denial of its airplane registration. We must affirm the decision unless FCNI can demonstrate that the denial was arbitrary and capricious. See Baltimore Gas and Electric v. NRDC, 462 U.S. 87, 105 (1983). FCNI has failed to meet this burden. 3 If an applicant did not purchase its airplane from the last registered owner, then it must submit satisfactory documentation of conveyances through each previous owner to the applicant. 14 C.F.R. Sec. 47.35(a)(2). FCNI purchased the airplane from an unregistered owner…