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FAA filed motion in pending BWI case; Attorney General Frosh, Governor Hogan react

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BALTIMORE — In June 2018, Maryland submitted an administrative petition to the FAA requesting that the FAA review certain environmental determinations that they had made regarding revision to navigation routes and flight procedures.

On September 2018, the FAA wrote a letter to Maryland advising that the FAA was declining to respond to the administrative petition. Then, in November of 2018, the state filed a petition for review with the U.S. Court of Appeals for the DC circuit in response to the FAA's decision.

In May, Maryland filed an opening brief with the court, arguing that the FAA's failure to respond was "arbitrary and capricious." After reviewing Maryland’s Opening Brief filed with the Court, the FAA decided to reconsider its September 2018 letter and filed a motion with the Court to hold the case in abeyance while the FAA reconsiders the September 2018 letter.

Maryland Attorney General Brian E. Frosh and Governor Hogan issued a statement following the motion filed by the FAA.

“The FAA’s decision to reconsider Maryland’s Administrative Petition is a welcome step forward for thousands of Maryland residents who are impacted by the constant flight of aircraft over their homes. Changes to flight paths at BWI were made without adequate notice and outreach to surrounding communities, and without sufficient environmental impact analysis. We are hopeful the FAA’s request to hold the case in abeyance and undertake a thorough review of facts will ultimately lead to changes in flight paths at BWI.”
“This latest development is welcome news for the thousands of Maryland residents who are miserable in their own homes,” said Governor Larry Hogan. “Our administration remains committed to bringing relief and restoring the quality of life for our citizens living around our airports.”