AMERICAN AIRLINES v. FED. AVIATION ADMIN, 08-1397 (D.C. Cir. 4-21-2009)

American Airlines, Inc., et al., Petitioners v. Federal Aviation Administration, Respondent.

No. 08-1397.United States Court of Appeals, District of Columbia Circuit.
Filed On: April 21, 2009.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

BEFORE: Henderson, Brown, and Griffith, Circuit Judges.

Per Curiam

ORDER
Upon consideration of the motion to dismiss, the opposition thereto, and the reply; the representation by the Federal Aviation Administration, in its reply, that the “Generic OpSpec A332-Draft, Flag Operations in Excess of 16 Hours Block Time (Ultra Long Range (ULR) Operations)” has been withdrawn; and the motion to dismiss without prejudice and the response thereto, it is

ORDERED, on the court’s own motion, that the petition for review be dismissed. Dismissal of this matter is without prejudice to petitioners’ right to challenge any future attempt by the FAA to impose new restrictions on the operation of ultra long range flights.

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.

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