On Wednesday, November 4, 2020, Alan Armstrong argued Tuscola Area Airport Authority v. Dickson, Case Nos. 19-1153, 19-1258, before the United States Court of Appeals for the District of Columbia. The case involved proposed construction of 68 wind turbines between 3 to 9 miles north and northwest of KCFS serviced by 3 instrument approach procedures.
The legal question was whether the FAA had conducted a traffic count of VFR aircraft flying over the proposed site as required by Sections 6-3-3, 6-3-4 and 6-3-5(b) of FAA Order JO. 7400.2M. You can listen to the argument yourself and determine whether or not you believe the FAA conducted the traffic count to make a determination of no “substantial adverse effect” under Sections 6-3-3, 6-3-4 and 6-3-5(b) of the Handbook. The Judges were Judge Tatel, Judge Millett and Senior Judge Sentelle. The attorney for the Department of Justice was Dana Kaersvang, Esq. Our argument is near the end of this You Tube video recording. This will give the listener a good idea about how appellate argument is conducted before the United States Court of Appeals for the District of Columbia. It illustrates our legal system in action. I hope you enjoy it.