Dominion Concepts, Inc. v. Federal Aviation Administration

MEMORANDUM ***

Dominion Concepts (“Dominion”) petitions for review of the final decision of the Administrator of the Federal Aviation Administration (“FAA”). The Administrator denied Dominion attorney’s fees and costs under the Equal Access to Justice Act (“EAJA”), 5 U.S.C. § 504 (1996). The parties are familiar with the facts and procedural history.

This Court lacks jurisdiction to hear the case. The Federal Hazardous Materials Laws (“FHMTL”), at 49 U.S.C. § 5103 (b), provide the FAA Administrator with the authority to regulate the transportation of hazardous waste by air. “A person that knowingly violates [the FHMTL] is liable to the United States Government for a civil penalty----” 49 U.S.C. § 5123 (a). Prior to 2005, final review of an agency decision under the FHMTL was in the district courts. See 5 U.S.C. § 704 . In 2005, Congress enacted the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (“SAFE- *711 TEA-LU”), Pub.L. 109-59, 119 Stat. 1144, which provides for judicial review of final agency adjudications under the FHMTL in the courts of appeals. Congress did not provide for the SAFETEA-LU to apply retroactively. See INS v. St. Cyr,…