Sandler Reiff successfully challenged the Federal Aviation Administration’s (“FAA”) denial of a rulemaking petition on behalf of FlyersRights.org.  FlyersRights.org petitioned the FAA to promulgate rules governing plane seat size and pitch limitations to ensure that passengers can safely and quickly evacuate a plane in an emergency. “This is the Case of the Incredible Shrinking Airline Seat,” Judge Patricia Ann Millett wrote on behalf of the United States Court of Appeals for the District of Columbia three-judge panel. The Court unanimously agreed that the FAA failed to provide a plausible evidentiary basis for its denial of FlyersRights.org’s rulemaking petition and remanded the case to the FAA.

 

FlyersRights,org is represented by Joseph E. Sandler and Dara Lindenbaum.

Additional information on the case is available here and here.

The case is Flyers Rights Education Fund, Inc. et al v. Federal Aviation Administration, et al. Opinion available here.