Airplanes / Aviation

D.C. Circuit Stands Up To Airlines And The 'Incredible Shrinking Seat'

'This is the Case of the Incredible Shrinking Airline Seat.'

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Don’t get too excited — you aren’t going to see bigger seats on airplanes any time soon, but the D.C. Circuit has, at least, got the ball rolling. On Friday, the court held the Federal Aviation Administration should consider setting a minimum standard for the amount of room afforded to passengers on airlines.

The case is between Flyers Rights, a nonprofit advocacy group, and the FAA, with the plaintiff alleging the decreasing legroom, known in the industry as pitch, and seat size have led to a safety hazard. Though they were seeking a ruling to force the FAA to establish safe minimums on seat size, the court stopped short of that. Instead, the court held the FAA must review its rule… which is no guarantee passengers will get any additional legroom. But, as Bloomberg reports, Judge Patricia Ann Millett wasn’t about to let the airlines off with out a parting shot (note: no airline was a party to the instant litigation):

“This is the Case of the Incredible Shrinking Airline Seat,” Judge Patricia Ann Millett wrote on behalf of the three-judge panel. “As many have no doubt noticed, aircraft seats and the spacing between them have been getting smaller and smaller, while American passengers have been growing in size.”

….

The court said the FAA had used “off-point” studies and “undisclosed tests using unknown parameters” to justify its initial refusal to review the rules. “That type of vaporous record will not do,” the court said.

The FAA has maintained that they have been considering seat size and pitch in their current regulatory scheme:

The FAA said in an emailed statement that the agency “does consider seat pitch in testing and assessing the safe evacuation of commercial, passenger aircraft. We are studying the ruling carefully and any potential actions we may take to address the court’s findings.”

But the plaintiffs are hopeful change is on the way:

“We’re really gratified,” Paul Hudson, president of Flyers Rights, said in an interview. “We hope the FAA will now take it up as a proper rulemaking.”

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Even if the airlines or the FAA were somehow chagrined over Judge Millet’s words (they were not), it is still a long road to a spacious flight.

headshotKathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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