US Airlines Challenging DOT Rulings by Biden Administration

Airlines as well as Airlines for America (A4A), formerly the Air Transport Association (ATA), have commenced legal proceedings challenging three specific rulings including new regulations on ancillary fee disclosure, wheelchair accommodations, and slot allocations at Ronald Reagan Washington National Airport (DCA).

Ancillary Fees Disclosure Rule 

The Enhancing Transparency of Airline Ancillary Service Fees rule, finalized by the DOT in April 2024, requires airlines and ticket agents to disclose fees for services such as checked bags, carry-ons, and cancellations/changes during the booking process.

• Airline Challenge: Airlines argue that requiring upfront disclosure of baggage and seat selection fees, “would upend the way airlines interact with their customers, at great cost, and with no demonstrated benefit,” and are seeking to have it vacated.
• Petitioners include: A4A, Alaska Airlines, America, Delta, Hawaiian Airlines, JetBlue, United, Spirit, the National Air Carrier Association, and the International Air Transport Association.

Ensuring Safe Accommodations for Air Travelers With Disabilities Using Wheelchairs

This rule, strengthening protections for air travelers using wheelchairs which clarifies the responsibilities of airlines regarding the handling of mobility devices, went into effect on March 17, 2025 and requires airlines to provide safer, more dignified assistance and enhanced staff training. 

• • Airline Challenge: Airlines claim the DOT overstepped its authority on passenger disability accommodations, stating that some aspects could be problematic for carriers to implement and are calling for the rule, either in part or in whole, to be overturned.

• Petitioners include: A4A, American, Delta, JetBlue and United.

FAA Reauthorization Act – DCA Slots

The 2024 FAA Reauthorization Act states only airlines with fewer than 40 slots at
Washington National Airport (DCA) would qualify for certain slot exemptions. Alaska Airlines was awarded the limited incumbent slot despite its codeshare agreement with American Airlines. 

• Airline Challenge: Spirit Airlines is attempting to join a Frontier Airlines Petition for Review to request that the recent award of beyond-perimeter slots at DCA be vacated and remanded. 

The legal challenges posed by U.S. airlines to various DOT rulings underscore the tension between regulatory oversight and the airline industry’s operational flexibility. While these battles are not just about compliance, they also reflect deeper concerns about market competition and the financial burdens placed on carriers. As these cases progress through the courts, the outcomes could have far-reaching implications for both the airline industry and its passengers.