Legal Commentary

The brawl among administrative agencies over who controls valuable airport access continues.  (See my prior post about Auctioning Airport Slots here .)  Part of the story's attraction is that it pits local/regional authorities against federal ones - the Port Authority of New York and New Jersey against the Federal Aviation Administration. 

The latest moves include the FAA's announcement that slots at Newark Airport will be auctioned on September 3 - tomorrow - with bids accepted immediately.  The Port Authority has moved to intervene in an existing suit filed against the FAA to stop the auction.  It argues that the FAA lacks congressional authority and that it started but didn't complete a rulemaking process proposing slot auctions.  The FAA seems to be relying on procurement statutes and regs that allow it to lease property.  But whose property?