AUSTIN — The Texas Public Policy Foundation (TPPF) filed two federal lawsuits challenging Federal Aviation Administration (FAA) restrictions on volunteer pilots completing charitable flights.
Wings of Mercy is a charitable organization that provides free transportation to patients in rural and underserved communities. The FAA has claimed authority to regulate such organizations and their pilots like a commercial airline, based on an improper reading of federal law and its own regulations.
The first lawsuit, Wings of Mercy v. FAA, was filed in the U.S. Court of Appeals for the Sixth Circuit. In Loper Bright Enters. v. Raimondo, the Supreme Court eliminated Chevron deference and replaced it with a rule requiring agencies to follow “the best reading of the statute.” TPPF argues that the FAA is not following the best reading of section 821 of the FAA Modernization and Reform Act of 2012 that allows reimbursement for fuel costs.
The second lawsuit, Rivers v. FAA, was filed in the U.S. District Court for the Eastern District of Michigan. Jeremy Rivers, a volunteer pilot for Wings of Mercy, seeks to receive reimbursement under the separate “pro rata” reimbursement exception in FAA regulations. Despite the Supreme Court’s decision in Loper Bright, FAA interpretations of its own regulations still receive a type of Chevron deference called Auer deference. This case seeks to overturn Auer deference and require agencies to follow the best reading of their own regulations—not an interpretation the agency itself makes up to justify its actions.
“This case involves separation of powers under the Constitution,” said TPPF Senior Attorney Ted Hadzi-Antich. “Just as courts have the final say in interpreting legislation enacted by Congress, so too courts should have the final say in interpreting regulations promulgated by administrative agencies. When federal agencies arrogate those powers to themselves, we will step in to ensure the Constitution is honored.”
“Congress acted to make it easier for volunteer pilots to help people in need, but the FAA essentially interpreted away that help,” said TPPF Senior Attorney Matthew Chiarizio. “Loper Bright makes clear that agencies can’t rewrite laws through creative interpretation. Courts must enforce the law Congress actually enacted, and that is exactly what we are asking the Sixth Circuit to do here.”
“Loper Bright was a huge victory for average Americans against the administrative state,” said TPPF Attorney Eric Heigis. “FAA’s moves to discourage charitable flights show the negative consequences that result when agencies have unchecked power to interpret the rules that govern our lives. Loper Bright was a great step toward reining in unaccountable federal agencies. The next step is for the Supreme Court to eliminate Auer deference.”
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