National Air Traffic Controllers Ass'n v. Secretary of the Department of Transportation
2011 U.S. App. LEXIS 16852
| 6th Cir. | 2011Background
- FAA privatized Level I air traffic control towers in 1993, affecting roughly 1500 government controllers.
- NATCA and individual controllers alleged the work was inherently governmental and violated Circular A-76.
- Prior litigation led to Pena decisions recognizing standing and required a proper A-76 analysis; district court remanded for analysis.
- 2003 amendments to 49 U.S.C. § 47124(b) authorized contracting Level I towers to private entities, affecting the legal framework.
- District court granted partial summary judgment in 2005 and later dismissed the suit; Sixth Circuit affirmed the dismissals in 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 47124(b)(2) cover privatized Level I towers | NATCA argues Level I refers to inherently governmental work | FAA contends §47124(b)(2) governs privatized Level I towers | Yes; applies to privatized Level I towers |
| May §47124(b)(2) authorize private non-governmental contractors | Private entities could not operate inherently governmental functions | Congress allowed private entities under (b)(2) | Yes; Congress authorizes private, non-governmental contractors |
| Do standing and law-of-the-case bar NATCA and individuals | Pena established standing; law-of-the-case binds | Subsequent events foreclose standing | Standing lacks; associational standing not shown; law-of-the-case not controlling |
| Is the challenged privatization covered by §47124(b)(3) after towers exceeded Level I | If towers exceed Level I, §47124(b)(3) applies | §47124(b)(3) governs non-Level I privatization | §47124(b)(3) precludes challenge to nine towers exceeding Level I |
Key Cases Cited
- Nat'l Air Traffic Controllers Ass'n v. Pena, 78 F.3d 585 (6th Cir. 1996) (standing and A-76 context in prior litigation (unpublished WL referenced in opinion))
- Nat'l Air Traffic Controllers Ass'n v. Dep't of Transp., 944 F. Supp. 1337 (N.D. Ohio 1996) (district court standing in initial round of litigation)
- Friends of the Earth, Inc. v. Laidlaw Envtl. Servs., 528 U.S. 167 (U.S. 2000) (standing framework and injury-in-fact standard)
- United States v. Parrett, 530 F.3d 422 (6th Cir. 2008) (statutory interpretation and plain language analysis)