News & Publications

U.S. Court of Appeals Affirms FAA Decision on Lunken Airport

On August 7, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed the FAA's decision that the City of Cincinnati did not violate its grant assurance obligations in denying an air carrier's request to initiate scheduled passenger service. The FAA determined—and the court affirmed—that Cincinnati did not have to upgrade its Airport Operating Certificate since the air carrier did not have the requisite authority under FAR Part 121 to initiate the particular service. The FAA also determined—and the court affirmed—that the City's liability insurance requirements were not unreasonable.