Exhaustless Inc. v. FAA, No. 18-1303 (D.C. Cir. 2019)Annotate this Case
Exhaustless petitioned for review of the FAA's latest interim orders limiting the number of flights serving LaGuardia and John F. Kennedy Airports in New York and seeking implementation of Exhaustless's patent-pending product to manage the allocation of takeoff and landing slots to airlines.
The DC Circuit dismissed the petitions based on lack of standing, holding that the company failed to demonstrate that vacating the interim FAA orders would redress its injury—i.e., a lack of market opportunity for its product. Furthermore, vacating the interim orders would leave takeoffs and landings at the airports unregulated, eliminating the need for the company's product at the federal level. To the extent that Exhaustless argued that the local airport authority could employ its product if there were no federal regulation, the court found any such possibility too speculative to support standing.