Alaska Professional Hunters Association, Inc. v. Federal Aviation Administration case brief

Alaska Professional Hunters Association, Inc. v. Federal Aviation Administration case brief summary
177 F.3d 1030 (1999)

CASE SYNOPSIS

Petitioners, a hunters association and guide pilots, sought review of an order from respondent Federal Aviation Administration that required petitioners to comply with respondent's regulations applicable to commercial air operations.

CASE FACTS
Respondent Federal Aviation Administration's regional officials consistently advised guide pilots that they were not governed by respondent's regulations regarding commercial air operations. Respondent subsequently published a notice in the Federal Register that required guide pilots to comply with those regulations. Petitioners, a hunters association and guide pilots, sought judicial review of the order. The court granted the petition.

DISCUSSION

• The court held that the notice was invalid because it was published without notice and comment. 
• Notice and comment were required because respondent's notice changed its interpretation of its regulations regarding commercial air operations. 
• The regional officials' interpretation represented the view of respondent because that interpretation was not a misreading of a prior agency decision. 
• Further, there was no evidence that regional officials' interpretation conflicted with respondent's policy with the rest of the country, and petitioners relied on the interpretation given by regional officials.

OUTCOME

Respondent's order that required petitioners to comply with regulations regarding commercial air operations was invalid because it was issued without notice and comment. Notice and comment were required because the order represented a change in respondent's interpretation of the regulations.

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