KERPEN v. METROPOLITAN WA AIRPORTS AUTHORITY

No. 17-1735.

907 F.3d 152 (2018)

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, v. 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.

United States Court of Appeals, Fourth Circuit.

Decided: October 22, 2018.


Attorney(s) appearing for the Case

ARGUED: Gene C. Schaerr , SCHAERR | DUNCAN LLP, Washington, D.C., for Appellants. Stuart Alan Raphael , HUNTON & WILLIAMS LLP, Washington, D.C., for Appellee Metropolitan Washington Airports Authority. Lewis Yelin , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees Elaine Chao and United States Department of Transportation. ON BRIEF: Robert 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 Appellants. Philip 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. Mark 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.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Duncan and Judge Keenan joined.


Appellants 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...

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