DC CIRCUIT COURT REFUSES REQUEST TO REGROUND 737 MAX
February 10, 2021
On January 14, 2021, the U.S. Court of Appeals for the D.C. Circuit denied a request for an emergency order to re-ground the Boeing 737 MAX. The Flyer’s Rights Education Foundation (Flyer’s Rights) had filed the request on December 3, 2020, challenging the FAA’s November 18, 2020 decision to return the 737 MAX to commercial service, claiming that the FAA’s conclusions about the (MCAS) were inaccurate and that FAA failed to disclose facts about the testing FAA conducted on the MCAS system.
However, the D.C. Circuit determined that Flyer’s Rights failed to meet the high standard necessary to warrant an emergency stay of the FAA’s order. Courts have historically given agency decisions considerable deference under the Chevron doctrine, and this has been especially so in regard to FAA safety determinations. While the court failed to grant the request to request to reground the 737 MAX on an emergency basis, the court is still considering whether Flyer’s Rights has standing to otherwise challenge the FAA’s decision on a non-emergency basis.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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