Thu, Sep 30, 2010
Board Says The FAA Owes More Than $124,000
The NTSB has denied the FAA's third challenge to an Order
requiring reimbursement of attorney fees payable to Air Trek, Inc.,
a Florida based air ambulance operator, pursuant to the Equal
Access to Justice Act ("EAJA") 49 C.F.R. 826.
The FAA petitioned the NTSB to reconsider its Opinion and Order
dated March 4, 2010, which held that the Administrator "should not
have proceeded to a hearing on allegations of wrongdoing that he
was not prepared to prove", and that the Agency refused to withdraw
elements of its complaint until it "became painfully clear that the
Administrator did not have sufficient evidence to establish its
case." At that time, the NTSB granted additional attorney
fees incurred in response to the FAA's appeal. The total award was
increased to $121,991.34. (NTSB Order No. EA-5510).
On September 20, the NTSB denied the FAA's Petition for
Reconsideration stating that the Agency's argument was "meritless"
and its reliance upon case law was "misleading". The NTSB
further stated that "we reject the Administrator's argument that we
erred in issuing a partial award of fees and expenses in this
case." In light of the denial of the FAA's Petition, the NTSB
granted Air Trek's request for additional attorney fees in the
amount of $2,553.97. The total award is now $124,527.31, the
largest in FAA history. (NTSB Order No. EA-5551).
Pursuant to the NTSB Rules of Practice, the FAA cannot challenge
the award further (49 C.F.R. Part 826).
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