Decision in CAG v. FAA

On Tuesday, March 27th the Court rendered its opinion. Unfortunately, the Court did not reach the merits of the case and dismissed the Petition for Review as untimely. It did so despite the lack of notice to any elected DC Government Official and the efforts by the FAA to ensure no one in the community was aware of the plan to make the LAZIR route the flight path for all northbound departures. 

Listen to the January 11th Oral Argument 

Administration in the Federal  Court of Appeals for the DC Circuit was held on Jan 11 at 9:00. CAG, joined by nearby civic associations have challenged the northbound departure route change that has brought a large increase in noise to our community and this is our chance to persuade the Court to require the FAA to cease using this new route.

Listen to the 40 minute argument HERE

According to CAG General Council Richard Hinds the Court seemed to be sympathetic to our arguments about the lack of notice to the community and all DC elected officials (except Congresswoman Norton) of the new departure flight path  and the misleading correspondence between Council member Jack Evans and the airport authority in 2013.  However the outcome can not be predicted by the Court’s aggressive questioning of the attorneys for both sides. Listen and decide who won!

The Court usually takes several months to craft an opinion that the panel finds acceptable. A quick decision would probably be unfavorable since we carry the burden of proving our appeal was timely or we had reasonable grounds for appealing when we did.