952 F.3d 288
D.C. Cir.2020Background
- Ronald Reagan Washington National Airport (Reagan National) is in a densely populated region; aircraft noise mitigation historically favored routing arrivals along the Potomac River.
- In 2015 the FAA amended three Runway 19 approach procedures: RNAV (RNP) and LDA Z in April 2015, and the River Visual in December 2015.
- Maryland alleges the amendments concentrated noise over its public lands and that the FAA implemented the changes without required environmental (NEPA) or historic (NHPA) analyses or public notice.
- The Metropolitan Washington Airports Authority formed a Community Working Group in Oct. 2015; FAA participated and discussed procedures but made no firm commitments to revise the published approaches.
- Maryland filed a petition for review on June 26, 2018—more than 900 days after the FAA published the final approaches—and sought to challenge the FAA’s lack of environmental review.
- The FAA moved to dismiss as untimely; the D.C. Circuit found the FAA actions final on publication and held Maryland lacked “reasonable grounds” for its multi-year delay, dismissing the petition and denying amendment as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness under 49 U.S.C. § 46110(a): whether the petition was filed within 60 days or justified by "reasonable grounds" | Maryland: FAA’s post-implementation engagement and assurances to the Working Group reasonably suggested the agency might fix routes, so delay was justified | FAA: The approaches were final on publication (April and December 2015); Maryland’s multi-year delay is not excused by sporadic, self-initiated communications | Held: Petition untimely; no reasonable grounds for the >900-day delay; dismissed |
| Finality of FAA action (Bennett v. Spear standard) | Maryland effectively conceded the approaches were final by Dec. 2015 but argued equitable considerations should excuse late filing | FAA: Publication consummated decisionmaking and produced legal effects; finality triggered the 60-day clock | Held: Publication marked final agency action; 60-day window applied |
| Whether FAA conduct created an exception to the deadline (relying on City of Phoenix) | Maryland: FAA’s assurances and participation in the Working Group are analogous to City of Phoenix and justified waiting to litigate | FAA: Unlike City of Phoenix, FAA did not engage continuously or repeatedly to suggest the orders were non-final; communications were sporadic and petitioner-driven | Held: Distinction dispositive—City of Phoenix not controlling; no continuous agency engagement here; exception denied |
| Merits (NEPA/NHPA environmental review failure) | Maryland: FAA implemented significant changes without environmental or historic review | FAA: Merits not reached because of untimeliness | Held: Court did not reach the merits; dismissal for untimeliness resolves the case |
| Motion to amend petition to add additional procedures | Maryland sought to add two additional approach versions to its petition | FAA opposed on timeliness grounds | Held: Motion to amend denied as moot after dismissal for untimeliness |
Key Cases Cited
- Citizens Ass’n of Georgetown v. FAA, 896 F.3d 425 (D.C. Cir. 2018) (timeliness rule and finality upon publication of updated flight routes)
- City of Phoenix v. Huerta, 869 F.3d 963 (D.C. Cir. 2017) (reasonable-grounds exception where FAA repeatedly promised to investigate/fix noise issues)
- Paralyzed Veterans of Am. v. Civil Aeronautics Bd., 752 F.2d 694 (D.C. Cir. 1985) (timely filing excused where agency left docket open and later amended rule)
- Safe Extensions, Inc. v. FAA, 509 F.3d 593 (D.C. Cir. 2007) (delay excused where FAA told affected parties to ignore its order)
- Bennett v. Spear, 520 U.S. 154 (1997) (two-part test for final agency action)
- Eagle-Picher Indus., Inc. v. EPA, 759 F.2d 905 (D.C. Cir. 1985) (petitioner’s responsibility to file within statutory period)