British Overseas Airways Corp. v. Civil Aeronautics Board

U.S. Court of Appeals for the D.C. Circuit
British Overseas Airways Corp. v. Civil Aeronautics Board, 304 F.2d 952 (D.C. Cir. 1962)
Bastían, Danaher, Wright

British Overseas Airways Corp. v. Civil Aeronautics Board

Opinion of the Court

WRIGHT, Circuit Judge.

Section 1006(a) of the Federal Aviation Act of 1958, 49 U.S.C.A. § 1486(a), here relied on, does not authorize review by this court, now or later, of the proposed regulation in suit, since it is “[an] order in respect of * * * foreign air *953carrier[s] subject to the approval of the President” under Section 801 of the Act, 49 U.S.C.A. § 1461. See Chicago & Southern Air Lines v. Waterman S. S. Corp., 333 U.S. 103, 68 S.Ct. 431, 92 L. Ed. 668, interpreting the identical provision of the Civil Aeronautics Act, § 1006(a), formerly 49 U.S.C.A. § 646. The prohibition cannot be circumvented by the expedient attempted here. This is not to say that there may not be a judicial remedy against administrative, or even Presidential, action beyond the scope of lawful authority, as defined by the Aviation Act. The petitions will accordingly be dismissed, without prejudice to independent proceedings in the District Court challenging the validity of the proposed regulation if and when promulgated.

Petitions dismissed.

Reference

Full Case Name
BRITISH OVERSEAS AIRWAYS CORPORATION, British West Indian Airways, Limited, and Bahamas Airways, limited v. CIVIL AERONAUTICS BOARD, Cunard Eagle Airways, Ltd., Intervenors SCANDINAVIAN AIRLINES SYSTEM v. CIVIL AERONAUTICS BOARD, Cunard Eagle Airways, Ltd., Intervenors SOCIETE ANONYME BELGE D'EXPLOITATION DE LA NAVIGATION AERIENNE (SABENA) v. CIVIL AERONAUTICS BOARD, Cunard Eagle Airways, Ltd., Intervenors KLM ROYAL DUTCH AIRLINES v. CIVIL AERONAUTICS BOARD, Cunard Eagle Airways, Ltd., Intervenors
Cited By
4 cases
Status
Published