American Aviation, Inc. v. U.S. Department of Transportation

MEMORANDUM *

Petitioners American Aviation, Inc. and Larry D. Wright (collectively “American”) appeal from the Federal Aviation Administration’s (“FAA”) Final Agency Order on the Initial Interim Operating Authority (IOA) Allocation (“Order”) denying American additional interim operating authority (“IOA”) over Glen Canyon National Recreational Area. We have jurisdiction under 49 U.S.C. § 46110(a), and we affirm.

As an initial matter, the FAA argues that American waived its right to seek any increase in IOA and therefore cannot claim error with the distribution of IOA on appeal. The government,…