A federal appeals court decision could open up Newark Liberty International Airport to more Spirit Airlines flights after judges reversed an Federal Aviation Administration decision to retire slots left by another airline.
The U.S. Court of Appeals in Washington D.C. granted Spirit’s appeal on Friday of an FAA decision not to reallocate slots for flights that were left after Southwest Airlines moved from Newark Airport to LaGuardia in 2019.
The three-judge panel concluded that “the FAA’s decision was arbitrary and capricious because the agency disregarded warnings about the effect of its decision on competition at Newark,” according to the ruling.
The decision vacates the FAA’s decision to retire the peak-period flight authorizations, also known as slots, previously held by Southwest at Newark Airport. The decision comes as air travel is bouncing back from coronavirus lows and…
