Case Law Details

Arapahoe County Public Airport Authority v. FAA

Project Description:

The Denver Metroplex project is a set of changes to flight paths for airports in the Denver area, as part of the Next Generation Air Transportation System. FAA issued a Draft Environmental Assessment (EA) in April 2019, a Final EA in November 2019, and a Finding of No Significant Impact and Record of Decision in January 2020.

Case Number:
20-1075
Court:
20-1075
State:
U.S. Court of Appeals – D.C. Circuit
Case Date:
06/08/2021
Project Name:
Denver Metroplex Project
Project Type:
Airport

Case Summary

Lawsuits challenging the Denver Metroplex project were filed by the owner of Centennial Airport (a general aviation airport outside Denver), an air charter company, a city, and three counties. The plaintiffs alleged that FAA violated NEPA and the National Historic Preservation Act, among other laws. The court held that none of the plaintiffs had standing to bring its claims and dismissed the lawsuits.

Key Holdings

Litigation Procedure

Standing

The court held that none of the plaintiffs demonstrated that it had standing to bring its claims. The court explained that the plaintiffs’ standing was not self-evident and the plaintiffs should have submitted evidence (such as affidavits) to show that they would be adversely affected by the new flight procedures. The court also held that the municipalities could not sue the federal government under the Administrative Procedure Act for harm caused only to their citizens (as opposed to harm to the municipalities themselves).

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