ELR Citation: 50 ELR 20058
No(s). 18-1173 (D.C. Cir. Mar 10, 2020)

The D.C. Circuit dismissed as untimely Maryland's petition to review the Federal Aviation Administration's (FAA's) approval of new flight paths to Washington National Airport. The state argued the new flight paths, which concentrated aircraft noise over its public lands, should be vacated because the FAA failed to conduct EAs as required by NEPA before implementing them. It also acknowledged that it filed its petition long after the statutory 60-day review window, but argued it had "reasonable grounds" for doing so. The court disagreed, finding that the state's delay of over 900 days was extreme and thus that its petition was untimely. It therefore dismissed the petition.