Teton Historic Aviation Foundation v. United States Department of Defense
415 U.S. App. D.C. 120
| D.C. Cir. | 2015Background
- Teton Historic Aviation Foundation and Teton Avjet LLC sue DoD and DRMS over policies and demilitarization classifications affecting sale of surplus aircraft parts.
- Demil Codes A, B, Q, D govern release; 2008 Policy restricted B and sensitive Q sales, shrinking parts available to the public.
- GL, a private contractor, auctions surplus property; bidders pay full bid regardless of number of parts ultimately released; list of saleable parts reviewed by DRMS.
- Teton won a GL auction for five A-4 aircraft parts in 2008; a March 2009 final list reduced saleable parts to 36 types (≈189 items).
- Parts unclassified or reclassified under 2008 Policy limited Teton’s ability to obtain desired parts; aircraft were destroyed after sale canceled in April 2009.
- District court dismissed for lack of standing; on appeal, court holds Teton has standing based on redressability through Department and GL.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Teton has Article III standing to challenge DoD policies | Teton has injury in fact and causation; redressability exists via future sales. | Redressability fails because success depends on third parties and discretionary DoD actions. | Yes; standing found because DoD’s policies and GL’s role likely affect future sales. |
| Is redressability satisfied where relief depends on GL's actions | GL is an instrument of DoD with economic incentives to sell; relief would affect GL’s behavior. | Redressability fails if third-party action is too speculative or beyond court control. | Yes; GL’s incentives and past behavior make redressability substantial. |
| Does past practice and incentives establish likelihood of future DoD sale if Teton prevails | Department’s history of selling surplus and revenue concerns show future sales likely. | Future sales depend on discretionary decisions and not guaranteed by court outcome. | Yes; substantial likelihood that Department would sell aircraft parts if Teton prevails. |
Key Cases Cited
- Summers v. Earth Island Inst., 555 U.S. 488 (2009) (standing requirements for case-or-controversy)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (three elements of standing; injury, causation, redressability)
- Nat’l Wildlife Fed’n v. Hodel, 839 F.2d 694 (D.C. Cir. 1988) (standing where relief would not require certain action)
- US Ecology, Inc. v. U.S. Dep’t of Interior, 231 F.3d 20 (D.C. Cir. 2000) (redressability where third-party action is involved)
- Town of Barnstable v. F.A.A., 659 F.3d 28 (D.C. Cir. 2011) (standing when third party would consider court action)
- Nat’l Parks Conservation Ass’n v. Mason, 414 F.3d 1 (D.C. Cir. 2005) (standing where third-party action influenced by court relief)