Georgetown residents file Motion for Rehearing En Banc in their fight against new departure routes from Reagan National Airport that bring aircraft lower and closer to Georgetown creating much more noise and pollution. The residents claim that the three judge panel’s decision on March 27, 2018, conflicts with the Court’s decision in the City of Phoenix case. In the Phoenix case, the D.C. Circuit held that Phoenix had “reasonable grounds” for missing the 60-day window in which to file a petition for review. http://bit.ly/2k2vQgd
Appellate courts in the United States sometimes grant rehearing en banc to reconsider a decision of a panel of the court (generally consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel’s decision appears to conflict with a prior decision of the court. The Federal Rules of Appellate Procedure state that a rehearing en banc “is not favored and ordinarily will not be ordered.” (Rule 35). Thus, this is an uphill battle for the residents.
Update July 1, 2018: FAA filed its Response to the Motion for Rehearing En Banc. Here is a link to a copy of the Response: http://bit.ly/2NcQw29 There will be no hearing and the court should issue it decision in the next couple of weeks.