Corr v. Metropolitan Washington Airports Authority
702 F.3d 1334
Fed. Cir.2012Background
- Petitioners sue MWAA on behalf of Toll Road users since 2005, alleging tolls function as an unconstitutional tax and MWAA’s unelected status violates due process and separation of powers.
- MWAA was created by a Congress-approved compact; Airports Act designates MWAA as a separate public entity with mixed state and federal involvement.
- Control of the Toll Road was transferred from Virginia’s VDOT to MWAA in 2008; MWAA operates tolls to fund Dulles Corridor Metrorail and other projects.
- District Court dismissed for lack of standing and failure to state a claim, citing prudential standing and preemption; petitioners appealed.
- This court lacks jurisdiction over petitioners’ claims under Little Tucker Act and federal instrumentality analysis; case is transferred to the Fourth Circuit under 28 U.S.C. § 1631.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has Little Tucker Act jurisdiction | Corr argues MWAA is a federal instrumentality. | MWAA argues no Little Tucker Act jurisdiction. | No jurisdiction under Little Tucker Act. |
| Whether MWAA is a federal instrumentality for Little Tucker Act purposes | MWAA serves federal interests and is government-controlled. | MWAA largely serves state/local interests; not a federal instrumentality. | MWAA is not a federal instrumentality. |
| Whether federal question jurisdiction exists and transfer is proper | Jurisdiction under federal questions applies; appeal maintainable. | No proper jurisdiction; transfer appropriate. | Court transfers to Fourth Circuit under 28 U.S.C. § 1631. |
Key Cases Cited
- Lebron v. Nat’l R.R. Passenger Corp., 513 U.S. 374 (1995) (test for identifying federal instrumentality factors)
- Augustine v. Dep’t of Veterans Affairs, 429 F.3d 1334 (Fed. Cir. 2005) (factors for instrumentality determination discussed)
- Slattery v. United States, 635 F.3d 1298 (Fed. Cir. 2011) (en banc; Tucker Act jurisdiction limitations)
- Chas. H. Tompkins Co. v. United States, 230 Ct. Cl. 754 (1982) (federal control thresholds for instrumentality status)
- Auction Co. of Am. v. FDIC, 132 F.3d 746 (D.C. Cir. 1997) (Little Tucker Act jurisdiction when government instrumentality carries out purposes)