November 2019 MCQSC Update: Federal Court to Hear Oral Argument Nov. 14 in Maryland v FAA Challenging DCA Approach Procedures

Oral argument in the State of Maryland v the Federal Aviation Administration, which challenges 2015 flight path changes for airplane arrivals into DCA, is scheduled for Thursday, Nov. 14, 2019, at 9:30 a.m. at the federal courthouse located at 333 Constitution Ave., NW, Washington, D.C.   The court has allotted 10 minutes per side for oral argument.  The 3-judge panel that will hear arguments and decide the case are Judges Henderson, Tatel and Katsas. 

We encourage everyone to attend in order to observe and show support (not protest!).  If you are interested in participating in a carpool/caravan, we will plan to announce where to meet as Nov. 14th approaches. 

Just a brief recap of the case: 

Maryland filed this appeal challenging the FAA's decision in 2015 to change the south-flow approach flight paths at Reagan Washington National Airport (DCA). Specifically, Maryland contends that the FAA failed to properly assess aircraft noise impacts on Maryland communities as required by federal law.  As relief, Maryland asks the court to vacate the 2015 approach path changes and to conduct the environmental review required by federal statutes.

As a preliminary matter, the FAA asks the court to dismiss Maryland’s appeal without deciding whether the agency complied with applicable law and to dismiss the case for being filed beyond the 60-day deadline specified in the statute of limitations governing challenges to FAA orders.  Maryland argues that “reasonable grounds” exist for filing after the 60-day deadline and, according to that exception in the statute of limitations, the court should proceed to hear its case on the merits.

We hope to have a large showing from Montgomery County citizens who are adversely impacted by DCA aircraft noise.  Please try to attend!