Wings of Mercy is a Michigan-based nonprofit that arranges flights for patients in need. For the past 35 years, its network of volunteer pilots has flown patients from across Michigan to appointments at the Mayo Clinic in Minnesota, the University of Wisconsin Hospital, and the Cleveland Clinic in Ohio. Wings of Mercy does not receive any money from patients or their health insurance; its operations are fully funded by private donors. But the Federal Aviation Administration (FAA) won’t let Wings of Mercy reimburse its pilots for out-of-pocket expenses such as gas, oil, or airport fees. Even accepting a free meal at the end of the flight is grounds to suspend the pilot’s license.
What’s more, the FAA recently announced a policy targeting volunteer pilots who help patients in need. Wings of Mercy and the Air Care Alliance, two nonprofits that facilitate charitable medical flights, are taking the FAA to court to protect volunteer pilots. In the process, this litigation challenges deference regimes that give administrative agencies an unfair advantage in court.
