United States v. S.A. Empresa De Viacao Aerea Rio Grandense
Headline: Court blocks lawsuits over FAA aircraft certification, ruling agency’s inspection and “spot‑check” choices are discretionary and shield the Government from negligence claims that challenge air‑safety enforcement.
Holding:
- Makes it harder to sue the federal government over FAA certification failures.
- Shifts responsibility toward aircraft manufacturers and operators to ensure safety.
- Prevents courts from second‑guessing agency choices about inspection priorities.
Summary
Background
A fatal 1973 fire on a Boeing 707 operated by a Brazilian airline and a 1968 crash of a DeHavilland Dove owned by an air‑taxi operator led victims, airlines, and insurers to sue the United States. They argued the Federal Aviation Administration (FAA) was negligent in issuing a type certificate or supplemental certificate because certain design or installation items were not examined and did not meet safety rules. These claims were brought under the Federal Tort Claims Act, which sometimes allows suits against the Government for employee negligence.
Reasoning
The central question was whether the Government can be held liable for the FAA’s certification work. The Court examined the statutory FAA certification system, which places primary responsibility on manufacturers and uses FAA “spot‑check” reviews and designated private representatives. The Court concluded that decisions about how to enforce safety rules and how often to inspect are discretionary regulatory choices. Because Congress intended to protect such regulatory decisions from being second‑guessed in tort suits, the discretionary‑function exception bars these negligence claims. The Court reversed the Ninth Circuit and held that the United States is not liable on these facts.
Real world impact
The ruling makes it difficult to recover from the Government for harms that stem from how the FAA chooses to inspect and certify aircraft. It emphasizes that manufacturers and operators bear responsibility to meet safety standards, and that the FAA’s method of policing compliance is a protected policy choice. The Court did not decide other legal theories, such as claims based on misrepresentation, and said the FAA’s duty is to promote—not guarantee—air safety.
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