Association of Flight Attendants-CWA v. United States Department of Transportation

KAREN LECRAFT HENDERSON, Circuit Judge:

The Association of Flight Attendants— CWA (AFA) challenges the decision of the United States Department of Transportation (DOT) to issue Intervenor Virgin America, Inc. (Virgin America) a certificate of public convenience and necessity to provide interstate air transportation as an “air carrier” under 49 U.S.C. § 41102. AFA asserts that DOT erred when it found that Virgin America is “under the actual control of citizens of the United States,” as required by 49 U.S.C. § 40102(a)(2) and (a)(15). Because AFA has not demonstrated that any of its members…