896 F.3d 425
D.C. Cir.2018Background
- FAA developed the D.C. Metroplex program introducing RNAV/LAZIR departure procedures at Reagan National to modernize and concentrate northbound departures along the Potomac.
- The FAA issued a Draft EA in June 2013 and a Finding of No Significant Impact and Record of Decision (FONSI/ROD) in December 2013, which stated it "constitutes a final order" and completed the NEPA process.
- Pilots flew the new procedures intermittently after 2013; the FAA performed limited validation trials in March 2015 to address concerns about encroachment on restricted airspace (P-56).
- The FAA published route charts in the Terminal Procedures Publication in April–June 2015; the published charts matched the routes evaluated in the 2013 FONSI/ROD.
- Georgetown University and neighborhood associations learned of LAZIR in July 2015 and filed a petition for review in August 2015, about 18 months after the FONSI/ROD.
- The FAA moved to dismiss the petition as time-barred under 49 U.S.C. § 46110(a) (60-day filing requirement), and the court considered whether the December 2013 FONSI/ROD or the 2015 chart publication was the FAA's final order and whether Georgetown had "reasonable grounds" for delay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did FAA's decision become a "final order" under § 46110(a)? | Georgetown: final only when FAA published route charts (June 2015). | FAA: final when it published the FONSI/ROD (Dec. 2013) completing NEPA process. | Court: FONSI/ROD (Dec. 2013) was the final agency action; 2015 chart publication was not the consummation nor source of the legal consequences challenged. |
| Did Georgetown have "reasonable grounds" to file after 60 days? | Georgetown: lacked actual notice of the EA/FONSI and FAA/MWAA conduct misled or withheld information. | FAA: notice was adequate (published in newspapers and on FAA website); no intent to mislead; plaintiffs knew or could have discovered the order earlier. | Court: no reasonable grounds; publication in local newspapers and online sufficed and record shows no conduct that would justify tolling the 60-day limit. |
Key Cases Cited
- Bennett v. Spear, 520 U.S. 154 (establishes two-part finality test: consummation of decisionmaking and legal consequences)
- City of Phoenix v. Huerta, 869 F.3d 963 (applies finality test to FAA Metroplex procedures; initial publication was final)
- Friedman v. FAA, 841 F.3d 537 (discusses finality standard and impact-of-order inquiry)
- City of Dania Beach v. FAA, 485 F.3d 1181 (agency action that creates new "marching orders" can be final)
- Avia Dynamics, Inc. v. FAA, 641 F.3d 515 (clock for § 46110 starts when order is officially made public)
- Electronic Privacy Info. Ctr. v. FAA, 821 F.3d 39 (explains rarity of finding "reasonable grounds" to excuse late filing)