PHIL KERPEN, Individually and on Behalf of All Others Similarly Situated; AUSTIN RUSE, Individually and on Behalf of All Others Similarly Situated; CATHY RUSE, Individually and on Behalf of All Others Similarly Situated; CHARLOTTE SELLIER, Individually and on Behalf of All Others Similarly Situated; JOEL SELLIER, Individually and on Behalf of All Others Similarly Situated; MICHAEL GINGRAS, Individually and on Behalf of All Others Similarly Situated, Plaintiffs - Appellants,
METROPOLITAN WASHINGTON AIRPORTS AUTHORITY; ELAINE L. CHAO, in her official capacity as Secretary of Transportation; UNITED STATES DEPARTMENT OF TRANSPORTATION, Defendants - Appellees, DISTRICT OF COLUMBIA, Intervenor - Appellee, KARL ANTHONY RACINE, Intervenor/Defendant-Appellee.
Argued: September 27, 2018
from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris,
Senior District Judge. (1:16-cv-01307-JCC-TCB)
C. Schaerr, SCHAERR | DUNCAN LLP, Washington, D.C., for
Alan Raphael, HUNTON & WILLIAMS LLP, Washington, D.C.,
Metropolitan Washington Airports Authority. Lewis Yelin,
UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for
Appellees Elaine Chao and United States Department of
J. Cynkar, Patrick M. McSweeney, Christopher I. Kachouroff,
MCSWEENEY, CYNKAR & KACHOUROFF PLLC, Woodbridge,
Virginia; S. Kyle Duncan, Stephen S. Schwartz, Michael T.
Worley, SCHAERR | DUNCAN LLP, Washington, D.C., for
G. Sunderland, Office of General Counsel, METROPOLITAN
WASHINGTON AIRPORTS AUTHORITY, Washington, D.C.; Sona Rewari,
HUNTON & WILLIAMS LLP, Washington, D.C., for Appellee
Washington Metropolitan Airports Authority. Chad A. Readler,
Acting Assistant Attorney General, Mark B. Stern, Civil
Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington,
D.C.; Steven G. Bradbury, General Counsel, Paul M. Geier,
Assistant General Counsel for Litigation and Enforcement, Joy
K. Park, UNITED STATES DEPARTMENT OF TRANSPORTATION,
Washington, D.C.; Tracy McCormick, Acting United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria,
Virginia, for Federal Appellees.
R. Herring, Attorney General, Stephen A. Cobb, Deputy
Attorney General, Toby J. Heytens, Solicitor General, Matthew
R. McGuire, Deputy Solicitor General, OFFICE OF THE ATTORNEY
GENERAL OF VIRGINIA, Richmond, Virginia, for Amicus Curiae.
WILKINSON, DUNCAN, and KEENAN, Circuit Judges.
WILKINSON, CIRCUIT JUDGE
here have raised a variety of constitutional and statutory
challenges to Metropolitan Washington Airport Authority's
(MWAA) ability to use toll revenues to fund projects
enhancing access to Dulles airport. The district court
granted defendants' motion to dismiss all of these
claims, and we now affirm its judgment.
1950, the federal government began to build Dulles Airport.
Recognizing that access to the airport was as important as
the airport itself, the government also acquired a right of
way to begin building an access road, linking Dulles to two
of the major highways serving the Washington, D.C. region. In
1962, the airport and the access road were opened under the
management of the Federal Aviation Administration.
1983, the federal government gave Virginia an easement to
build a toll road through the right of way previously
acquired for the access road. The federal government
determined that the new toll road would help mitigate
increasing congestion in the vicinity of Dulles. The road was
opened one year later and was operated by the Commonwealth of
1984, the federal government was concerned that needed
capital improvements at Dulles, and its sister airport
National, could not be funded. The solution, devised by a
Commission created at the behest of the Secretary of
Transportation, was to transfer control of both airports to
an authority with the ability to raise money by selling
tax-exempt bonds. The next year, Virginia and the District of
Columbia passed reciprocal laws to create an interstate
compact for the management of Dulles and National. Congress
had already consented to the compact in 1959, when it gave
advance approval to interstate compacts for the ...