886 F.3d 130
D.C. Cir.2018Background
- FAA developed the D.C. Metroplex project, including RNAV (LAZIR) northbound departure procedures at Reagan National, and conducted an EA; in December 2013 it issued a FONSI/ROD concluding no significant environmental impact.
- The FONSI/ROD stated it "constitutes a final order of the FAA Administrator" and was publicly posted and advertised in local newspapers.
- Pilots began occasionally using the LAZIR procedures after 2013; FAA conducted limited validation trials in March 2015 to address concerns about intruding on restricted airspace (P-56).
- In April–June 2015 the FAA published route charts in its Terminal Procedures Publication; the published routes were materially identical to those evaluated in the 2013 EA/FONSI.
- Georgetown University and neighborhood associations first learned of LAZIR in July 2015 and filed a petition for judicial review in August 2015, about 18 months after the FONSI/ROD.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did the FAA issue a final order for § 46110(a) timing? | Finality occurred when FAA published route charts in June 2015 (so petition was timely). | Finality occurred with the December 2013 FONSI/ROD; deadline ran from that publication. | The December 2013 FONSI/ROD was the final order; petition filed too late. |
| Whether petitioner had "reasonable grounds" to file after 60 days | Georgetown lacked notice of the EA/FONSI and FAA/MWAA conduct misled or withheld information, excusing the late filing. | FAA publicly published notice in newspapers and on its website; no misleading promise to fix problems that would justify delay. | No reasonable grounds; the court rarely finds the exception and FAA provided adequate public notice. |
Key Cases Cited
- City of Phoenix v. Huerta, 869 F.3d 963 (D.C. Cir.) (held initial publication implementing routes can be FAA's final action for § 46110 timing)
- Friedman v. FAA, 841 F.3d 537 (D.C. Cir.) (articulated two-part finality test: consummation of decisionmaking and legal consequences)
- City of Dania Beach v. FAA, 485 F.3d 1181 (D.C. Cir.) (agency action that issues new "marching orders" for air traffic can be final and reviewable)
- Bennett v. Spear, 520 U.S. 154 (U.S.) (finality test: consummation and legal consequences)