Legal Opinion
Barney J. Tearney v. National Transportation Safety Board and T. Allan McArtor Administrator, Federal Aviation Administration
Court of Appeals for the Federal Circuit
Decided April 4, 1989No. 88-4558PublishedCited by 23 opinions
1Opinion of the Court
POLITZ, Circuit Judge:
Barney J. Tearney, a pilot for Southwest Airlines, was sanctioned for taxiing his aircraft while passengers were standing, in violation of Federal Aviation Regulations (FAR), 14 C.F.R. § 91.9. Tearney petitions for review of the National Transportation Safety Board’s (NTSB) decision affirming the Federal Aviation Administration’s (FAA) ruling that he violated section 91.9. He claims that the FAA violated the Administrative Procedure Act (APA) in its adoption of the taxiing rule. He also questions the constitutionality of the sanctioning power. For the reasons assigned we…
2Cases cited11 opinions
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
- National Labor Relations Board v. Bell Aerospace Co.Supreme Court of the United States · 1974
- Reid v. EngenCourt of Appeals for the Ninth Circuit · 1985
- Sheldon E. Pangburn v. Civil Aeronautics BoardCourt of Appeals for the First Circuit · 1962
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cathedral Candle Co. v. United States International Trade CommissionCourt of Appeals for the Federal Circuit · 2005
- Knipe v. SkinnerCourt of Appeals for the Second Circuit · 1994
- Knipe v. SkinnerCourt of Appeals for the Second Circuit · 1993
- Knipe v. SkinnerCourt of Appeals for the Second Circuit · 1993
- Dane T. Roundtree v. United States of America, in Re Lawrence B. Smith, Dane T. Roundtree v. United StatesCourt of Appeals for the Ninth Circuit · 1994
18 more not listed; retrieve them via the Exa API.