From an anonymous source:
A fundamental principle of American law is that federal agencies have virtually complete control over interpretation of statutory directives, and this principle is one of the most (perpetually) controversial legal rules in administrative law. As a working principle, courts are said to “defer” to agency interpretations, with some few exceptions. But nothing takes the cake as much as the FAA’s arrogance in announcing, in a dispute over one Colorado airport, that it has the power to ignore court decisions if it chooses!
At what point does it become so well known, and so costly, that they have to change? Is an explicit warning in the form of a new law warning enough?
Liability. Who, and at what point, is liable?
But first there is the question of the measuring stick and that is what so fascinating about the FAA versus the United States. They have put themselves in a position of having to measure the “nuisance effect” among thousands of communities and millions of people. That is the stark fact and resisting only makes it worse.
I don’t think it can be done.
Bring jets lower. Why?
