Airlines Sue DOT Over Washington National Slot Order
Frontier Airlines and Spirit Airlines have taken legal action against the US Department of Transportation (DOT) over the allocation of slots at Washington National Airport (DCA). Both carriers claim they should have been awarded two slots as part of the limited incumbent provisions, arguing that Alaska Airlines was ineligible due to its codeshare agreement with American Airlines.
In January 2025, Frontier Airlines petitioned the Court of Appeals for the District of Columbia Circuit to review a DOT order that granted two slot exemptions at Washington National to a group of carriers, including Alaska Airlines, American Airlines, Delta Air Lines, Southwest Airlines, and United Airlines. The exemptions allowed these airlines to operate new nonstop round-trip services beyond DCA’s 1,250-mile perimeter. Alaska Airlines was awarded slots to operate a daily service from Washington to San Diego International Airport.
Frontier contends that it should have qualified as a “limited incumbent” because it holds fewer than 40 slots at Washington National. As a limited incumbent, Frontier argued that it would have been eligible for the two slot exemptions reserved for such carriers. However, the DOT classified Frontier as a “new entrant” since the airline has never held permanent slots at Washington National, effectively denying the exemptions to Frontier.
The dispute centers on the eligibility criteria for the exemptions. Frontier maintains that Alaska Airlines should not have been granted the slots in the first place because of its codeshare partnership with American Airlines, which already provides the carrier with meaningful access to the Washington market. In response to the lawsuit, Alaska Airlines intervened, requesting that the court authorize its defense and support the DOT’s decision. Alaska has argued that its partnership with American Airlines offers sufficient market access and that the DOT’s allocation was reached after thorough review.
In March 2025, Spirit Airlines also intervened in the case, joining Frontier in its support. Spirit claims that it should be considered a limited incumbent rather than a new entrant. Although Spirit does not currently operate at Washington National, the carrier did fly from DCA to Fort Lauderdale International and Myrtle Beach International between 2008 and 2012. Spirit Airlines is urging the court to vacate the DOT’s final order regarding the two limited incumbent slot exemptions, to recognize that Alaska Airlines is statutorily barred from receiving these slots, and to reallocate them so that both Spirit and Frontier can compete on an equal footing with their service proposals. Frontier had planned to operate a daily service from Washington National to San Juan Luis Muñoz Marin, while Spirit intended to serve San José in the United States.
The case comes at a critical time for airlines, as recent market conditions have seen domestic travel demand soften due to economic weakness and uncertainty. The decision by the DOT is being closely watched by industry analysts and competitors alike. Alaska Airlines, in a statement to the media, defended the DOT’s decision, explaining that the new roundtrip flights between San Diego and Washington National meet Congress’s objective of connecting airports lacking nonstop service. The carrier emphasized that these new flights offer better options for passengers traveling to and from one of the nation’s largest cities, including the country’s largest military community, and announced plans to launch the service on March 17.
As the legal battle unfolds, the outcome of this case could have significant implications for how slot exemptions are allocated at major airports and how competing airlines position themselves in a challenging market.
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Sources: AirGuide Business airguide.info, bing.com, ch-aviation.com