Category: Community News
Published on Sunday, 20 October 2019 21:08
Written by D.V. LAWRENCE
Oct19NextGenwebIn our last issue we reported on two major activities in the fight against the FAA’s flawed NextGen program. After months of failed attempts to negotiate with the FAA to address the noise and pollution assault on Los Angeles residents suffering under the new NextGen flight path, the City attorney filed a lawsuit against the FAA. The scheduling of the lawsuit is below. Culver City asked to be joined into the lawsuit and was granted permission by the courts.

We also reported that activists with Quiet Skies LA created an UP Higher and OUT Further alternative flight path that Mayor Garcetti supported and, along with Los Angeles World Airports, provided technical experts to vet for viability. The map has been submitted and accepted by the City Attorney's office for inclusion if and when alternative paths are being considered.

The current briefing schedule (subject to change): FAA was to have filed the administrative record by October 4, 2019. L.A.’s opening brief is due November 8, 2019. Culver City’s brief is due November 22, 2019. FAA’s answering brief is due December 23, 2019. L.A.’s optional reply brief is due 28 days after service of FAA's brief. Culver City’s optional reply brief is due 42 days after service of FAA's brief.

The matter was currently set for mediation on October 1, 2019, so this schedule probably will change. It depends on how productive the mediation sessions are.

Moreover, the government often asks for extensions of time on filing its brief. With the FAA's brief due two days before Christmas, I would imagine that they will ask that date to be pushed to sometime in January, if the mediation does not push the entire matter into 2020. You also have to allow about 3 - 6 months (at least) for the case to be scheduled for oral argument. After that it could be anywhere from 2 months to a year before the Court issues its decision.