NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSEPH R. MARIDON Sr.,

Petitioner,

v.

FEDERAL AVIATION ADMINISTRATION,

Respondent. No. 23

- 1047

FAA No. 2020

- 0949

MEMORANDUM *

On Petition for Review of an Order of the
Federal Aviation Administration

Submitted August 20, 2024 **

Portland

, Oregon

Before: CHRISTEN and NGUYEN, Circuit Judges, and EZRA, District Judge

. ***

Joseph Maridon petitions for review of an order issued by the Federal

Aviation Administration’s (FAA) chief administrative judge (CAJ) reversing an

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

*** The Honorable David A. Ezra

, United States District Judge for the
District of Hawaii , sitting by designation. 

# FILED

AUG 23 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 23

- 1047

administrative law judge’s (ALJ) order awarding Maridon attorneys’ fees and costs

after the ALJ dismissed the enforcement action the FAA brought against him

. We

assume the parties’ familiarity with the facts and recite them only as necessary.

We have jurisdiction pursuant to 5 U.S.C. § 504(c)(2 )

, and we review the agency’s

fee decision for substantial evidence

. I d. ; s ee also Blaylock Elec. v. NLRB , 121

F.3d 1230, 1233 (9th Cir. 1997). We deny the petition.

A private party who prevails in an agency adjudication is entitled to

attorney’s fees unless the agency was “substantially justified” in its position. 5

U.S.C. § 504(a)(1). The agency bears the burden to show that its position was

substantially justified, which requires the agency to “ prove that its position had a

reasonable basis in both fact and law. ” Mendenhall v. Nat’l Transp. Safety Bd. , 92

F.3d 871, 874 (9th Cir. 1996). “ The agency ’ s ‘ position ’ refers to the agency ’ s

decision to initiate the underlying action, as well as the agency ’ s subsequent

litigation positions. ” Id.

Substantial evidence supports the CAJ’s decision to reverse the ALJ’s fee

award on the ground that the FAA’s position was substantially justified. Maridon

argues that the agency was not substantially justified in its decision to initiate an

enforcement action against him after he parked his truck in a taxi lane at the North

Las Vegas Airport to prevent an aircraft from taxiing. Maridon contends that 14

C.F.R. § 91.11, which states that “ [n] o person may .

. . interfere with a3 23

- 1047

crewmember in the performance of the crewmember’s duties aboard an aircraft

being operated ,” does not apply to persons who are not aboard an aircraft. The

record supports the CAJ’s conclusion that the agency had a reasonable legal basis

for its contrary interpretation of § 91.11 and a reasonable factual basis to charge

Maridon under that section. See Medina Tovar v. Zuchowski , 41 F.4th 1085, 1089

(9th Cir. 2022) (holding that the district court did not err by finding the

government’s position substantially justified where the “case posed a novel legal

question of statutory interpretation”).

We reject Maridon’s unsupported argument that the FAA’s position was not

substantially justified because it lacked jurisdiction over the taxi lane he blocked.

Congress broadly tasked the FAA with “maintaining[] and enhancing safety and

security .

. . in air commerce,” 49 U.S.C. § 40101(d)(1), which includes regulation

of actions that are “ preparatory to flight .” Daily v. Bond , 623 F.2d 624, 626 (9th

Cir. 1980) (per curiam). Maridon’s remaining arguments based on estoppel, law

of

- the

- case doctrine, and A uer deference are similarly misplaced. Because we

conclude that substantial evidence supported the CAJ’s fee decision, we do not

reach Maridon’s arguments concerning the appropriate hourly rate

.

PETITION DENIED.