Boeing 737 Max Recertification Testing - Finally.

[WillowRun 6-3]

Freedom of Information Act lawsuit progress (?)

Recent developments in the lawsuit in the United States District Court for the District of Columbia, brought under the Freedom of Information Act against the FAA. Purpose of the suit is to obtain from FAA its full documentary record upon which it is basing its decision to return the 737 MAX to service. The case progression to date has not borne any resemblance to so-called "rocket docket" cases in some federal district courts. But there is recent progress...

A Joint Status Report was filed in late July; the case docket appears to have been without material activity since early May prior to that filing. Based on the Report the District Court judge issued an order requiring FAA to provide a Vaughn index by October 9, which the agency did timely provide. Evidently the index covers the documents, responsive to the plaintiffs' FOIA claims, but withheld by the agency on one or more statutory exemption grounds - proprietary information of Boeing being the most predominant, reportedly. (A Vaughn index is a somewhat detailed listing of what the defendant in a FOIA lawsuit has withheld, and upon what legal basis.) Another joint status report is due October 16, according to the court docket today.

In its August 3 order following the late July Joint Status Report, the court noted that its case management orders were directed, in material part, to "expedite the brieing and resolution" of the case (which might include a motion for summary judgment, if the parties' conferring on disputed issues fails to resolve such issues).

So, Chesley Sullenberger's recent public statements are even more noteworthy than a reader would discern based on their content alone -- Sully pretty obviously is the most prominent expert/authoritative professional among the group of independent reviewers to whom the plaintiffs intend to provide the FAA's documentary record and who would then assess and evaluate the FAA's decision-making. But FAA's action with regard to returning the aircraft to service, such as the recent draft Flight Standardization Board "rev. 17" document as well as completion of the JOEB process, suggest that the FAA decision process will occur prior to completion of the FOIA disclosure process.

Still all is not pointless, not at all, with the FOIA lawsuit. Sullenberger stated that more should be done with the 737 MAX to improve it further, and if the FOIA case provides material assistance and leverage for that process to occur, even some time down the road, it certainly will prove to have been worthwhile. And then there's the legislative measure cleared recently by the House Transportation and Infrastructure Committee, and reaching a sensible litigated result in the FOIA case promises to be very beneficial in a context of getting that measure moved toward passage, at some time down the road too.