Airlines for Amer v. Dept of Trans

Opinion

Case: 24-60231 Document: 230-2 Page: 1 Date Filed: 10/02/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

_____________ FILED October 2, 2025 No. 24-60231 Lyle W. Cayce _____________ Clerk

Airlines for America; Alaska Airlines, Incorporated; American Airlines, Incorporated; Delta Air Lines, Incorporated; Hawaiian Airlines, Incorporated; Jetblue Airways Corporation; United Airlines, Incorporated; National Air Carrier Association; International Air Transport Association,

Petitioners,

versus

Department of Transportation,

Respondent,

consolidated with _____________

No. 24-60373 _____________

Spirit Airlines, Incorporated,

Petitioner,

United States Department of Transportation,

Respondent. Case: 24-60231 Document: 230-2 Page: 2 Date Filed: 10/02/2025

No. 24-60231 c/w No. 24-60373

________________________________

Petition for Review from an Order of the Department of Transportation Agency No. 89 Fed. Reg. 34620 ________________________________

ON PETITION FOR REHEARING EN BANC

(Opinion January 28, 2025, 5 Cir., 2025, 127 F.4th 563)

Before Elrod, Chief Judge, and Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, and Ramirez, Circuit Judges. Per Curiam: A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated January 28, 2025, is VACATED.