DC Circ. Mulls Upending FAA’s Move On Peak Newark Flights

Law360 (September 16, 2020, 9:31 PM EDT) — D.C. Circuit judges indicated Wednesday that Spirit Airlines’ challenge to the Federal Aviation Administration’s decision not to set aside peak-hour slots at Newark Liberty International Airport for the budget carrier may turn on whether the agency’s move qualifies as a final decision that can be overturned.

Spirit has been trying to undo an FAA move to delay allocating 16 slots once used by Southwest Airlines during busy periods, saying the decision mostly serves to protect dominant Newark carrier United Airlines from low-cost competition.

But the agency says Spirit brought an invalid complaint because the FAA notice that Spirit has challenged was not a “final agency…

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