CAG Files a Petition for CAG, et al vs FAA Pending Review

 

The Citizens Association of Georgetown, neighboring community groups and Georgetown University filed a Petition for Rehearing in the case by CAG, et al vs FAA pending in the US Circuit Court of Appeals for the DC Circuit.  The Petition takes issue with the decision of a three-judge panel of that Court dismissing the suit challenging the FAA’s institution in 2015 of a new flight path over Georgetown and nearby communities as not timely.  The Court found that the community did not have reasonable grounds for filing late because of the publication in the back pages of the Washington Post of two small legal notice announcing a study of flight paths around the DC Metroplex.  The Petition argues that the FAA publication of the new departure routes over Georgetown was the relevant final order from which Petitioners did appeal within the prescribed time limit.  Furthermore even if the relevant  order was the FAA Order concluding the preceding study Petitioners contend and they and  their elected representatives had no knowledge of that study, newspaper publication of legal notices should not discharge the FAA’s obligations to involve the community in its rulemaking and  therefore good cause existed for Petitioners not appealing until the flights were actually implemented and flown.  Petitioners hope that the panel that decided the case will review certain factual errors in its decision and proceed to review the merits of Petitioners' claims and failing that providing an opportunity for the entire Court to consider the case.

View Petition Here