On August 1, Law360 quoted Tod Northman on a July 28 decision by a three-judge panel in the D.C. Circuit that the Federal Aviation Administration (FAA) used outdated studies on the health and safety effects of commercial airline seat size. The court called upon the FAA to show evidence that it appropriately researched the issue.

Tod commented that the court’s ruling was largely procedural in that it signals to the FAA that it must “establish a better record of evidence.”

“The D.C. Circuit’s ruling is striking because it overturns the FAA’s decision not to engage in rulemaking, Tod said. “The standard for review in that context is ‘extremely limited.'”