The Right to Self-Fuel (2009) / Chapter Skim
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Pages 9-9
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11 trative record in its entirety, the FAA's findings of fact are conclusive if supported by substantial evidence.66 Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.67 Not only must the FAA's factual findings be supported by substantial evidence, but the agency's nonfactual analysis, including its interpretation of any governing statute, application of that statute to the facts, and conclusion be reasonable and not arbitrary and capricious.68 In other words, there must be a rational connection between the facts found and the decision made by the agency.69 Individual self-fueling complainants70 also have brought direct actions against grant holders; these have included federal antitrust monopoly challenges and civil rights claims in U.S. district courts.71 Because these cases do not challenge FAA rulings or regulations, the courts have ruled in favor of the claimants against preliminary motions to dismiss based on claim preclusion and failure to exhaust administrative remedies.72 III.
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