CSI Aviation Services, Inc. v. DOT, et al, No. 09-1307 (D.C. Cir. 2011)
Annotate this CasePetitioner, CSI Aviation Services, Inc. ("CSI"), petitioned for review of an order where the Department of Transportation ("DOT") ordered CSI to cease and desist from acting as a broker of air-charter services for the federal government. At issue was whether DOT properly concluded that the air charter brokers that operate under a General Services Administration ("GSA") contract engaged in indirect air transportation and so required certification from DOT despite the statutory provision that required certification only for those who provide air transportation as a common carrier. The court held that the petition for review was granted where the court could not conclude that the agency's cease and desist order was anything other than arbitrary and capricious when DOT failed to explain its reading of the statute. The court also held that the proper course of action was to remand to the agency for additional investigation or explanation.
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