D.C. Circuit Silences Airport-Noise Critics

Paul J. Kiernan is a Partner in our Washington DC office.

HIGHLIGHTS:

• This week's decision by the U.S. Court of Appeals for the District of Columbia Circuit in Citizens Association of Georgetown, et al. v. Federal Aviation Administration confirms that once the FAA issues a final Record of Decision, there is only a 60-day window to petition for review, and lack of actual notice will not extend that time.
• The agency's public notice through newspaper publication and website mentions was sufficient even when the agency did not provide notice to relevant affected public officials.
• Petitioners who did not learn of the agency's order allowing new departure routes from Reagan National Airport until long after the appeal period to challenge the order had run were not allowed to sustain a challenge based on the later publication of route maps.