Buckeye challenges arbitrary rule that keeps pilots from using internet

Jul 29, 2016


For years, professional pilots have shared rides with other pilots to offset costs under the Federal Aviation Administration's (FAA) Expense-Sharing Rule. Pilots posted their flight plans on bulletin boards at airports to find those with similar travel plans. To facilitate more expense sharing and to step into the 21st century, a website was established to serve the same function as the bulletin boards. In an about face, the FAA now claims the website violates the Expense-Sharing Rule.

On July 29, 2016, The Buckeye Institute filed a brief in the Supreme Court of the Unites States challenging the constitutionality of the FAA’s authority to unilaterally promulgate such regulations. The brief also targets the specific regulation in question as invalid because it is arbitrary and capricious.  


UPDATE: Cert denied by the Supreme Court of the United States.


Download the Amicus Brief: Flytenow, Inc. v. Federal Aviation Administration