Though critiques persist, many agree Virginia’s new political maps are ‘quite balanced’
HomeHome > Blog > Though critiques persist, many agree Virginia’s new political maps are ‘quite balanced’

Though critiques persist, many agree Virginia’s new political maps are ‘quite balanced’

Jun 27, 2023

Published

on

By

OOneVirginia2021 Executive Director Brian Cannon speaks at a news conference on Feb. 12 in support of a constitutional amendment on redistricting reform. (Ned Oliver/Virginia Mercury)

This is Part 2 of a two-part series on how Virginia's new redistricting system is impacting this year's high-stakes General Assembly elections and the future of the state legislature. Part 1, "How redistricting reform is launching the General Assembly into a new era," ran yesterday, May 16.

When Brian Cannon and other advocates for reforming Virginia's redistricting process were trying to come up with a name for their campaign to convince voters to support their cause, they settled on a generic but straightforward summary of what they were after.

"The salient question you got asked was, ‘What are we actually telling Virginians this thing was going to do?’" said Cannon, the former executive director of OneVirginia2021, a nonpartisan group founded in 2014 to advocate for systemic change to prevent future gerrymandering in Virginia. "That's why the campaign was called Fair Maps. And that's what we got."

As Virginia enters a high-stakes General Assembly election year, the first playing out on electoral maps drawn by outside experts rather than incumbent legislators, many lawmakers, advocates and experts agree it looks like a fair fight, with neither party getting an undue advantage based on political geography alone.

The final maps look "quite balanced," according to Sam Wang, a professor who leads the Princeton Gerrymandering Project, which analyzes the partisan fairness of state redistricting plans and gave solid grades to both the new Virginia Senate map and the new map for the state House of Delegates.

"It looks like the outcome closely matched the intention of the law that was passed," Wang said. "Bottom line is: It looks pretty fair."

Despite fears that the new redistricting process could lead to backsliding in minority representation, a look at the field of candidates running this year indicates the legislature elected on the new maps will be more diverse, not less.

"It's definitely fairer than the system was before," said NAACP Virginia President Robert N. Barnette Jr. "One of our main issues was making sure our communities of color were prevented from being torn apart or divided. So I think we achieved that."

Opponents of the new process still contend their concerns about fairness were well-founded, and some of their predictions did come to pass. Many Democrats in the House of Delegates argued in 2020 that the plan for a bipartisan map-drawing commission made up of eight Republicans and eight Democrats, a combination of both sitting legislators and citizen members, was bound to fail because of partisan quarreling. And it did, initiating a backup process in which the conservative-leaning Supreme Court of Virginia hired experts to draw maps with no direct involvement by legislators.

"I hate to say I told you so. But this played out exactly as I told you so," said Sen. Lamont Bagby, D-Henrico, an opponent of the new redistricting process. "We knew the way that this process was set up that it was more about Republicans running the clock out and making the system benefit them."

Bagby said he feels the court-appointed experts "tried to draw a 50-50 map." And he's not convinced that translates to an accurate reflection of the will of Virginia voters going forward.

"Outside of the 2021 race, Virginia has voted overwhelmingly for Democrats," he said.

Cannon said the warnings from some Democrats that the state Supreme Court would produce a clearly biased set of maps were "flat wrong." Unlike some other states’ experiences, he said, there have been no legal challenges yet claiming the new maps are tainted by partisan or racial gerrymandering.

"We were right on the Supreme Court doing the right thing," Cannon said. "We always believed that."

The Supreme Court of Virginia in Richmond, Va. (Parker Michels-Boyce/ For The Virginia Mercury)

Calls to change Virginia's redistricting process were arguably at their loudest prior to 2017, when Republicans had a massive 66-34 majority in the House of Delegates.

Because Democrats were on a growing winning streak in statewide elections at the time, the GOP's overwhelming numbers in the House struck many reform advocates as a sign of a gerrymandering-prone system that was fundamentally out of whack.

That majority disappeared quickly in the suburban backlash against former President Donald Trump in 2017 and 2019, election cycles that propelled Democrats to a two-year period of full statehouse control. Those two years brought head-spinning progressive policy wins like raising the minimum wage, ending the death penalty, wiping away barriers to voting and decriminalizing possession of marijuana. With the momentum of demographic change at Democrats’ back, it looked like Virginia was headed toward blue-state status.

Then came November of 2021, when Gov. Glenn Youngkin led Republicans to a sweep in statewide races and a restored GOP majority in the House, campaigning on promises to end COVID-19 restrictions, cut taxes, banish perceived wokeness from public institutions and elevate the role of parents in K-12 schools.

After those sharp political turns, Virginia voters have another decision coming about which direction the state should go.

Republicans currently have a slim majority in the House, and Democrats have a slight majority in the Senate. Democrats controlling both chambers, Republicans controlling both chambers or another two years of divided control are all within the range of possible outcomes, depending on the electorate's mood in November.

How redistricting reform is launching the Virginia General Assembly into a new era

According to the nonpartisan Virginia Public Access Project, which assessed the new maps based on data from the 2022 midterm elections, the Senate map has 21 seats that favor Democrats, 16 seats that favor Republicans and three seats considered toss-ups.

The same VPAP analysis for the House shows 50 Democratic-leaning seats, 40 Republican-leaning seats and 10 toss-ups.

Both maps look better for Republicans when measured against the GOP-friendly election results of 2021.

Del. Marcus Simon, D-Fairfax, a critic of the new redistricting process who served on the unsuccessful map-drawing commission, said the math suggests partisan control could swing either way, depending on whether Virginia's electorate looks more like the one that overwhelmingly backed President Joe Biden in 2020 or the one that elected Youngkin a year later.

"The overall map has arguably worked out to be really competitive," Simon said.

Democratic Party of Virginia Chairwoman Susan Swecker, an opponent of the new redistricting system, said she's still frustrated about the process being handed over to "a Republican Supreme Court."

She pointed to the 2022 midterm defeat of former U.S. Rep. Elaine Luria, a Norfolk-area Democrat who lost her seat in Congress to current Rep. Jen Kiggans, R-Virginia Beach, running in a redrawn congressional district made redder by the same experts that drew the General Assembly maps. Still, Democrats beat expectations on the new congressional maps last year by defending two other seats Republicans were heavily targeting in Northern Virginia.

Swecker said she's more interested in positioning her party to win than focusing on the "good, bad or ugly" of redistricting.

"That was then, and this is now," Swecker said.

The redistricting reform amendment was approved at a unique political moment, with both parties incentivized toward change because it was unclear which party would have the power to draw maps in its favor.

The General Assembly first approved the amendment in 2019, the start of an election year when partisan control of both the Senate and the House was seen as up for grabs. After Republicans lost their House majority that year, dozens of House Democrats who previously voted for the amendment flipped to opposing it. Some House Republicans who were once skeptical of reform embraced the issue with new urgency after being demoted to minority status.

Republican Party of Virginia Chairman Rich Anderson said he doesn't see how anyone could deny the new system, particularly the built-in backup of sending the process to the Supreme Court if the commission couldn't agree on what fair maps would mean, performed as advertised.

"The law worked exactly like intended," Anderson said.

Some of the strongest opposition to the new redistricting process came from members of the Virginia Legislative Black Caucus, who argued the plan needed clearer protections against the type of racial gerrymandering that led to two successful legal challenges after the 2011 redistricting.

The new maps have had clearly detrimental impacts on some Black incumbents, most notably by pitting Sen. Louise Lucas, D-Portsmouth, and Sen. Lionell Spruill, D-Chesapeake, against each other in a Hampton Roads-area primary. That means one of the two senior Black lawmakers will see their service cut short, an outcome many Democrats see as unfortunate and avoidable if the district lines were drawn differently.

Redistricting commission member Del. Delores McQuinn, D-Richmond, looks up at a draft map during a meeting. (Ned Oliver/Virginia Mercury)

Philip Thompson, a supporter of Virginia's new redistricting system who serves as executive director of the National Black NonPartisan Redistricting Organization, said the new process means some Black incumbents are simply going to have to work harder to get elected instead of relying on safe, "stacked" districts.

"A lot of these incumbents have this entitlement mentality that ‘that's my seat,’" said Thompson, who called the new maps "very good" overall. "And it's not your seat, it's the people's seat. Now Louise and Lionell got to go out and hustle."

Other Black candidates are seeing new opportunities to rise.

Either former delegate Jennifer Carroll Foy or former delegate Hala Ayala — both prior Black Caucus members who ran for statewide office in 2021 — will most likely join the Senate next year representing a diverse new district in Northern Virginia, a region that currently has an entirely white Senate delegation. Ayala was the Democratic nominee for lieutenant governor two years ago, while Carroll Foy was the runner-up to former Gov. Terry McAuliffe in the five-way Democratic primary for governor that year.

Del. Clint Jenkins, D-Suffolk, is the Democratic nominee in a potentially competitive Senate race in a racially mixed district covering parts of Hampton Roads and Southside Virginia. Adele McClure, the executive director of the Black Caucus, is also in the running for a strongly Democratic House seat in Northern Virginia. And former delegate Lashrecse Aird of Petersburg, formerly a progressive contender to lead the House Democrats, is challenging Sen. Joe Morrissey, D-Richmond, in a closely watched Democratic primary.

Bagby said that according to his read of the electoral lineup, the membership numbers of the Black Caucus will either stay the same or grow after this year.

"We’re doing everything we can to make sure, despite the redistricting, that we increase the number of Virginia Legislative Black Caucus numbers in this next Virginia General Assembly," Bagby said.

The Senate, where Republican Lt. Gov. Winsome Earle-Sears recently became the first Black woman to preside over the chamber and cast tie-breaking votes, is expected to diversify in other ways.

Either Indian American Del. Suhas Subramanyam, D-Loudoun, or Palestinian American former delegate Ibraheem Samirah are expected to win another Northern Virginia seat being vacated by Sen. John Bell, a Loudoun Democrat who is stepping down after a cancer diagnosis.

Del. Elizabeth Guzman, D-Prince William, one of the first Latinas elected to the General Assembly, is challenging Sen. Jeremy McPike, D-Prince William, in a primary expected to be competitive.

Del. Danica Roem, D-Prince William, the first transgender lawmaker in the General Assembly, is the Democratic nominee in a swingy Northern Virginia district drawn without an incumbent.

"It appears that this is the most diverse group of candidates seeking office that Virginia has ever had," said Cannon, the former redistricting reform advocate who is now focusing on expanding the use of ranked-choice voting systems.

Jay Jones, a former Democratic delegate who unsuccessfully sought his party's nomination for attorney general in 2021 and is widely seen as a likely future candidate for statewide office, said it’ll take years to fully judge whether the new process has produced a fair result.

"The answer is TBD," Jones said. "I think we’ve got to get through a cycle to make a real assessment of it."

Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: [email protected]. Follow Virginia Mercury on Facebook and Twitter.

Hundreds of Virginia teachers have lost licenses over sexual misconduct or sex crimes

How redistricting reform is launching the Virginia General Assembly into a new era

Sixth District Perspectives with Congressman Ben Cline – January 17, 2022

Maryland redistricting groups drawing new congressional maps

Virginia Lawmakers kill bill calling for transparency in redistricting commission

Virginia Redistricting Committee takes shape; public can apply

Published

on

By

Following a ruling from the U.S. Supreme Court that narrows environmental protections for wetlands, environmental groups say there will be little change in Virginia because of the state's strong wetlands regulations.

"Theoretically, Virginia has stronger water quality protection than the federal government," said Peggy Sanner, Virginia director of the Chesapeake Bay Foundation. Under Virginia wetlands laws and regulations, she said, the state "should be able to continue to protect all the waters of the state, including those that may not be in the federal protections."

On May 25, the U.S. Supreme Court ruled in a case known as Sackett v. U.S. Environmental Protection Agency that the wetlands protections in the Clean Water Act apply only to bodies of water with a "continuous surface connection" to larger navigable water bodies, a decision that will greatly reduce the number of wetlands the government can protect.

Previously, wetlands connected to larger bodies through groundwater and intermittent bodies of water that might dry up during portions of the year were protected under the law, which regulates pollution discharges into the nation's waters.

The Sackett family in Idaho brought the case, who argued they shouldn't have to obtain an EPA permit to build a house on their property. The EPA had said a permit was necessary because water from the land would run into a ditch that fed into a creek, which fed into a navigable lake.

After an initial loss in the U.S. Ninth Circuit Court of Appeals, the family challenged the decision and won its case in the nation's highest court.

"The wetlands on the Sacketts’ property are distinguishable from any possibly covered waters," Justice Samuel Alito wrote in the majority opinion.

Wetlands are areas where water covers the soil and are broadly understood to encompass swamps, bogs, marshes, and areas around creeks, rivers, lakes, and ponds. They are seen as critical habitats for diverse species of wildlife. Wetlands are also seen as a critical tool to filter out pollutants from reaching larger bodies of water like the Chesapeake Bay and to absorb flooding from sea level rise and stormwater surge before communities are damaged.

While the federal government regulates disturbances of wetlands through the U.S. Army Corps of Engineers, the Clean Water Act also gave states the power to impose their own rules for wetlands.

Virginia has its own set of laws under the Department of Environmental Quality and Virginia Marine Resources Commission for wetland protections, established by the Tidal Wetlands Act of 1972 and the Virginia Nontidal Wetlands Act. As the names imply, the Tidal Wetlands Act applies to wetlands in more coastal areas, whereas the Nontidal Wetlands Act applies to inland waters.

DEQ spokesperson Aaron Proctor said the agency is still reviewing the Sackett decision and declined to comment on how it could impact Virginia's regulations.

Several Virginia environmental groups, however, said strict state laws and regulations will continue to protect Virginia's wetlands.

The laws require permits for any action that impacts wetlands and mandate that there must be "no net loss" of the resource, explained Chesapeake Bay Foundation Virginia Director Peggy Sanner. To avoid or minimize any loss, permits from DEQ that allow disturbances to wetlands "shall contain requirements for compensating impacts," which may include requirements to build new wetlands, buy credits from wetland restorers or pay into a fund that is used to restore wetlands, Sanner added.

Virginia's regulations "made a very strong protection for our waterways where you have the federal government and the state government acting together," Sanner said. "When you have one of those partners, for whatever reason, bow out, that's a cause for concern."

Mary-Carson Stiff of environmental nonprofit Wetlands Watch said that while the impact of the Supreme Court decision on traditional tidal waters isn't as much of a concern because surface water connections between bodies of water are more easily distinguishable, the effect on non-tidal waters could be greater because of climate change.

With sea level rise, waters from one ditch may jump a road or a floodwall to another land area, explained Stiff, making the new ditch a wetland through a process known as wetland migration. At the same time, coastal areas are experiencing coastal squeeze, resulting from rising sea levels pushing coastlines inland.

"From a climate change standpoint and sea level rise adaptation standpoint that's focused on natural resource conservation and shoreline ecosystem survival, this is bad news," Stiff said of the Sackett ruling.

Stiff said that Wetlands also impact other wetlands that may be further downstream or disconnected on the surface but still connected through groundwater.

"If anything happens to our laws in Virginia to weaken our ability to call the wetlands on the other side of the road wetlands, we won't have a fighting chance to do the appropriate amount of wetlands migration that needs to happen so we have wetlands under sea level rise," Stiff said.

Supreme Court Justice Brett Kavanaugh also raised concerns about the ruling's impact on areas experiencing sea level rise in his concurring opinion.

"Federal protection of the Chesapeake Bay might be less effective if fill can be dumped into wetlands that are adjacent to (but not adjoining) the bay and its covered tributaries," Kavanaugh wrote, calling the new interpretation an "overly narrow view of the Clean Water Act."

But while environmental groups are expressing some concern over Sackett's effect on wetland protection, the Virginia Farm Bureau Federation has praised the ruling as a necessary reduction of bureaucracy for farmers.

Prior to the Sackett ruling, if a farmer wanted to dig a ditch in his or her field to drain flood waters from a serious storm, the EPA would need to issue a permit for the work in addition to state approval, said Virginia Farm Bureau Vice President of Government Relations Martha Moore.

"We’re very happy with the Sackett ruling. For us, it provides clarity for farmers that don't require a team of attorneys to try and figure out," Moore said. "Virginia already has the Chesapeake Preservation Act, and you can't do anything in those zones. We already have conservation practices, we already encourage the development of wetland mitigation banks. I feel like Virginia already has those protections, and this just added another layer of bureaucracy that you don't really need."

by Charlie Paullin, Virginia Mercury

Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: [email protected]. Follow Virginia Mercury on Facebook and Twitter.

Published

on

By

The office of Attorney General Jason Miyares plans to hire six prosecutors and group violence intervention coordinators with the $2.6 million in grant funding it received to try to reduce gun crime.

Another $5 million will go toward the extension of a hospital-based violence intervention program meant to help people escape life circumstances that led to them being shot or stabbed.

Virginia State Police plans to spend $256,044 to hire a new analyst at the crime-fighting Virginia Fusion Center, who will use geographic data to help authorities spot and address trends in violent activity.

And more than a dozen local law enforcement agencies, prosecutors, and community groups will receive grant funding for a variety of initiatives to stem gun violence in their areas, projects that range from hiring more prosecutors to funding outreach programs for at-risk youth.

A report issued this week by the Virginia Department of Criminal Justice Services lays out how various state and local entities plan to spend roughly $10 million in anti-gun violence funding recently approved by the General Assembly. The new report also includes status updates on $500,000 grants previously issued to the cities of Hampton, Newport News, Portsmouth, Richmond, and Roanoke.

The more recent state funding was awarded through the 2023 Operation Ceasefire Grant Program, which runs from the start of this year through the end of 2024. Ceasefire programs are modeled after an anti-violence model Boston officials implemented in the 1990s that focuses on trying to steer people away from gangs and other activities that make them more likely to be shot or shoot someone while cracking down on those who disregard those efforts and go on to commit violence with a firearm.

Prince William County told the state it intends to use the $353,974 it received to hire a full-time "gun violence interventionist" responsible for implementing the county's "community-based intervention and prevention initiatives."

The city of Suffolk said it intends to hire a new prosecutor and "identify high-risk individuals to participate in call-ins, which will provide directed cease and desist messaging."

Prosecutors in Prince George County and neighboring Hopewell plan to use $249,996 to create a "regional prosecutor initiative," with a new attorney working in both jurisdictions to "prosecute offenders involved in firearms offenses and gun violence."

In Southwest Virginia's Lee County, officials will receive $81,766 for an additional prosecutor focused on guns, violent crime, and "methamphetamine trafficking."

A handful of nonprofit groups also received state funds for a variety of intervention programs meant to prevent violence before it occurs through mentoring programs, skills training, and mental health support.

by Graham Moomaw, Virginia Mercury

Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: [email protected]. Follow Virginia Mercury on Facebook and Twitter.

Published

on

By

The Virginia Department of Motor Vehicles (DMV) reached a significant milestone with the issuance of over three million REAL ID-compliant driver's licenses and identification cards. Starting from May 7, 2025, Virginians wishing to board domestic flights using their driver's license must present a REAL ID-compliant version, distinguished by a star in the right corner. This article explores the implications of this requirement and provides essential information for those seeking to upgrade their credentials.

The REAL ID Act, enacted by Congress in 2005, established federal security standards for state-issued driver's licenses and identification cards. The primary goal was to enhance the integrity and reliability of identification documents used for official purposes, including air travel and access to secure federal facilities. The Virginia DMV has been actively working to ensure its residents are well-prepared for the forthcoming changes.

DMV Commissioner Gerald Lackey emphasized the significance of obtaining a REAL ID: "Many Virginians rely on their state-issued credentials for air travel. If you still need to upgrade to a REAL ID, prepare for your visit now by applying online and gathering the necessary documents. When you arrive at the DMV, we are committed to delivering a personalized, positive experience that exceeds your expectations."

In addition to domestic air travel, a REAL ID will be required to access secure federal facilities, including military bases. Virginians interested in obtaining a REAL ID are strongly encouraged to apply as soon as possible, as the DMV anticipates a surge in customers as the 2025 deadline approaches. Individuals will receive guidance on the required documents by completing the application process online at dmv.virginia.gov/REALID.

It is important to note that obtaining a REAL ID is optional. Virginians who choose not to upgrade can still use their current driver's license or identification card. However, upon renewal, their new credential will display the phrase "Federal Limits Apply," indicating that it is not compliant with the REAL ID Act. For those who need to board domestic flights after May 7, 2025, alternative federally approved identification documents, such as a U.S. Passport, a Passport Card, or specific military IDs, can be used.

Published

on

By

Silver Branch Brewing Company, a renowned production brewery and taproom based in Silver Spring, Maryland, is making a significant move by investing $3 million to establish a new facility in Fauquier County, Virginia. The expansion aims to enhance the company's production capabilities, broaden its range of beer offerings, and strengthen its presence in the region. The project, which successfully competed with Maryland, will generate 38 new jobs and contribute to the economic growth of Fauquier County.

Governor Glenn Youngkin expressed his excitement about Silver Branch Brewing Company's expansion into Virginia, highlighting the state's reputation in the food and beverage processing industry. Governor Youngkin emphasized the Commonwealth's business advantages, industry resources, and strategic access to markets, which have contributed to its strong manufacturing growth across various regions.

Secretary of Commerce and Trade Caren Merrick welcomed Silver Branch Brewing Company to Virginia's impressive food and beverage processing industry, underscoring its position as the second-largest manufacturing sector in the Commonwealth. Merrick emphasized the value and efficiency of Virginia's robust logistics infrastructure, which enhances supply chain growth for companies. The state is committed to supporting the success of Silver Branch Brewing Company in Fauquier County.

Christian Layke, Co-Founder of Silver Branch Brewing Company, expressed excitement about joining Virginia's vibrant craft beer community. With personal ties to the area, Layke and his co-founder, Brett Robison, are fulfilling a lifelong ambition of bringing their beer to the Commonwealth. They view beer not just as a beverage but as a social experience they call "Gemütlichkeit" (German for comfort), which is essential to their brewery's ethos. Silver Branch Brewing Company is eager to welcome Virginians to their new tasting room in Old Town Warrenton and is actively seeking passionate beer lovers from Fauquier and surrounding counties to join their team.

Mayor Carter Nevill of Warrenton extended a warm welcome to Silver Branch Brewing Company, emphasizing the significance of having such a highly regarded regional brewer and restaurateur invest in the town. Mayor Nevill highlighted the thriving business community in Warrenton and the role that craft brewing plays in making Fauquier County a premier tourist destination. The addition of Silver Branch Brewing Company will complement the existing array of wonderful restaurants, craft breweries, cideries, and unique retail shops, ensuring the continued growth and success of the local economy.

Delegate Michael J. Webert expressed his support for Silver Branch Brewing Company's choice to establish their facility in Fauquier County. He credited the efforts of House Republicans and Governor Youngkin in making Virginia a more business-friendly state. Delegate Webert expressed enthusiasm for the positive impact this investment will have on the hardworking individuals in his district and home county.

Silver Branch Brewing Company, founded by Christian Layke and Brett Robison in March 2019, has gained recognition for its exceptional beers inspired by European and American brewing traditions. The company's location in the heart of downtown Silver Spring, Maryland, has served as a hub for beer enthusiasts, and now their expansion into Virginia will further solidify their presence in the craft beer community.

The Virginia Economic Development Partnership collaborated with Fauquier County to secure the project, offering support for job creation through the Virginia Jobs Investment Program (VJIP). This program provides consultative services and funding to companies creating new jobs, aiding in employee recruitment and training. VJIP, a state-funded business incentive, demonstrates Virginia's commitment to enhancing job opportunities for its citizens.

Published

on

By

This spring has seen increased bickering in Northern Virginia over two little-known aviation regulations called the slot and perimeter rules, which govern operations at Ronald Reagan Washington National Airport in Arlington County. What exactly are they — and why are people fighting over them? Read on to figure out what you need to know.

The perimeter rule limits the distance of nonstop flights to and from Reagan National to 1,250 miles — roughly the distance westward to Kansas and Nebraska and as far north as Quebec and Newfoundland.

Initially set at 650 miles in 1966 and then later increased, the perimeter was intended to help reduce congestion at Reagan National and encourage use of the much larger Dulles International Airport in Fairfax and Loudoun counties.

The rule allowed Congress to pass exemptions to the perimeter, which it has done three times in 2000, 2003, and 2012. (Congress has a special interest in both Reagan National and Dulles because the federal government owns them, with operations managed by the Metropolitan Washington Airport Authority, known as MWAA.)

Those exemptions have opened up Reagan to 40 daily flights — or 20 round trips — to and from Seattle, Portland, Salt Lake City, San Francisco, Denver, Las Vegas, Los Angeles, Phoenix, Austin and San Juan. A November 2020 report from the U.S. Government Accountability Office found these flights increased passenger traffic at Reagan National and "likely reduced" some of the airport's existing capacity.

Beyond-perimeter flight exemptions at Ronald Reagan Washington National Airport. (U.S. Government Accountability Office)

The slot rule also called the high-density rule, was created in 1969 to control congestion at five high-traffic airports, including Reagan National. It requires airlines to obtain a "slot," or authorization, for every takeoff from and landing at the airport; Reagan is currently limited to a maximum of 67 slots per hour.

Slots are allocated by the Federal Aviation Administration, and the GAO noted in its 2020 report that "airlines consider their slots and slot exemptions to be valuable assets." In 2009, JetBlue co-founder Dave Barger pitched then-Gov. Tim Kaine on a proposal to let airlines "slide" more slots between different hours of the day, arguing it would give more low-cost airlines access to the airport. The Kaine administration directed Barger to discuss the idea with the MWAA.

Debates over the slot and perimeter rules aren't new. They typically occur every five years when Congress reauthorizes the Federal Aviation Administration, which it's slated to do by the end of September. But this year, the issue is getting more attention after U.S. Reps. Hank Johnson of Georgia and Burgess Owens of Utah introduced legislation last month to add 28 additional flights to Reagan National both within and beyond its current perimeter.

"Five years ago, there wasn't as much of an organized effort," said Brian Walsh, a Fairfax resident who serves as the spokesperson for the Capital Access Alliance, a coalition of business organizations that most notably includes Delta Air Lines. Since then, he says, "more people are flying than ever before," and the population in Northern Virginia and around Dulles has grown.

"Nothing has been changed in a number of years, and so with this year's authorization bill, we see an opportunity to modernize what many of us see as an antiquated" system, he said.

The Capital Access Alliance has mounted an aggressive campaign to get Congress to authorize the additional flights, which it argues will allow up to 1 million more passengers to fly to and from locations outside the perimeter, drive down ticket prices and create over 1,000 new jobs. An analysis by the group concludes Reagan National is "under-utilizing its capacity compared to other major airports in the top ten U.S. metros," and prior additions of beyond-perimeter flights there have "not negatively impacted the overall passenger growth at" Dulles.

"Dulles is fully equipped to survive on its own. There are hundreds of thousands of people who live around it today," said Walsh. "This is about giving air travelers more choices."

Not everyone agrees. A counter-organization is known as the Coalition to Protect America's Regional Airports has emerged to oppose the proposal, saying adding flights from Reagan National "would create unnecessary gridlock, threaten jobs and local businesses, risk connectivity for countless communities, and increase congestion, delays, and noise."

The coalition, which includes the MWAA as well as United Airlines, several Virginia chambers of commerce and 17 Virginia airports, points in its defense to a May 25 memo from the Federal Aviation Administration that called the Capital Access Alliance report "flawed." Instead, the FAA wrote, additional flights "would likely have a negative impact on operational performance and passenger experience," and Reagan National "is more delay prone than most other airports."

Furthermore, argued coalition director Scott York in a release on the group's formation, "if the slot and perimeter rules are removed or changed, airlines will be incentivized to replace routes that promote and sustain nationwide connectivity with longer-haul, more profitable flights. These lost connections will have a significant impact on the local communities that rely on regional airports for economic development as well as safe and convenient travel."

The MWAA contends that Reagan National is already operating at full capacity and has the busiest runway in the nation, with 819 daily takeoffs and landings on average.

"While [Reagan National] is very popular because of its proximity to Capitol Hill, it simply cannot accommodate all the flights that airlines want to send to Washington," said MWAA President and CEO Jack Potter in a statement urging Congress to reject the increases.

The debate could continue at least through the summer. The current FAA authorization is set to expire at the end of September, but it's not unusual for Congress to extend the deadline.

Walsh said the Capital Access Alliance is currently focused on "educating" the public and members of Congress about the newest slot and perimeter proposal. It will have to win over a number of key votes, including those of Virginia's U.S. senators, Democrats Mark Warner and Kaine. This spring, the two joined with Maryland Sens. Ben Cardin and Chris Van Hollen to convey their "strong opposition to any attempts at changing" the current slot and perimeter rules. Virginia's six Democratic members of the U.S. House of Representatives are also opposing the measure.

"With the expansion of Metro access to Dulles, long-distance flights from the Washington region have never been more accessible or competitive," Warner and Kaine wrote in an April statement. "The slot and perimeter rules help to balance consistent world-class aviation services at the region's three major airports, which has in turn allowed for billions of dollars in private-sector capital investment in the metropolitan Washington area."

by Sarah Vogelsong, Virginia Mercury

Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: [email protected]. Follow Virginia Mercury on Facebook and Twitter.

Published

on

By

In a bold stance against the Biden Administration's recent approach to immigration, Attorney General Jason Miyares of Virginia has spearheaded an 18-state coalition in a lawsuit challenging the newly proposed ‘Circumvention of Lawful Pathways’ rule.

Labeled by the federal government as a vital tool in immigration regulation post-CDC's Title 42 public health order expiration, critics, led by Miyares, argue that the rule's actual impact is far from its purported goals. This order was instrumental during the COVID-19 pandemic, granting authorities enhanced capabilities to bar immigrants from crossing the border.

At the heart of the dispute is the definition of "lawful pathways." As per the new rule, activities previously deemed as illegal border crossings are now being classified as "lawful pathways," an interpretation viewed by some as a tacit endorsement of illegal immigration.

Miyares minces no words in his criticism, stating that the Biden Administration's plan does little to deter illegal immigration. "This… provides the Cartels with a makeshift manual on how to circumvent and exploit our immigration regulations," he said. This argument comes amid rising concerns about the increasing chaos and tragedy taking place at the border, with human trafficking and the scourge of fentanyl smuggling into Virginia's communities being spotlighted.

This contentious move has united a diverse group of states in opposition. Joining Virginia's Attorney General in this suit are Alaska, Arkansas, Florida, Idaho, Indiana, Iowa, Kentucky, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Oklahoma, South Carolina, Tennessee, Utah, and Wyoming.

Given the escalating tensions surrounding immigration policy in the US, this lawsuit represents a significant challenge to the Biden administration's approach to immigration and border control. The issue will undoubtedly remain a contentious point of national debate and a potential pivot for future policy-making.

Click here to read the lawsuit.

Thank You to our Local Business Participants:

by Graham Moomaw, Virginia Mercury by Charlie Paullin, Virginia Mercury by Graham Moomaw, Virginia Mercury by Sarah Vogelsong, Virginia Mercury Thank You to our Local Business Participants: