Case Study: Rule Making

Project description
Introduction

It’s safe to say that everyone can learn from their mistakes. This rule applies to individuals as well as organizations. Often regulatory actions are enacted with the most honorable intentions but sometimes they fail to take into account unintended consequences. In order to help reduce the promulgation of unintended consequences, the FAA includes a provision in its rulemaking process that provides notice and opportunity for a hearing on the record.
Instructions

For this assignment, complete the following:

Read case 5-1 (pp. 143-145) from chapter 5 in Fundamentals of Aviation Law
Answer the following 3 questions.

Why do you agree or disagree with the circuit court’s assessment in this case?
Were the rules drafted by the FAA substantive or procedural? Explain your answer.
What lessons can an administrative agency learn from a case like this?