Airport law generally refers to the body of laws and legal standards that govern the development, operation and growth of public-use airports in the United States. Airport law has many sources, including the federal aviation statutes (found in Title 49 of the U.S. Code); the Federal Aviation Regulations (principally found in Title 14 of the Code of Federal Regulations); the Federal Security Regulations (principally found in Title 49 of the CFR); and the terms, conditions and “Grant Assurances” that are associated with grant funding issued by the Federal Aviation Administration (FAA).
Both the FAA and Transportation Security Administration (TSA) have issued innumerable orders, directives, guidance documents and opinions that reflect and impose the agencies’ interpretation of these laws, regulations and contractual obligations. And, the courts and administrative agencies have been called upon to further adjudicate complaints and resolve disputes over the application of these legal standards to particular fact patterns.
In addition to these airport-specific federal standards, there are laws and legal standards of general applicability that impact the operation and development of airports. These include protections afforded by the U.S. Constitution, as well as federal, state and local standards for land use, zoning, building, public health, safety and the environment.
In short, it’s a lot. It’s also constantly changing, difficult to find, and often quite difficult to apply to individual airports and factual scenarios. Fortunately, DSR LLC can help make sense of these complex standards and provide guidance in a practical, creative and strategic fashion.
In short, if you need someone to advise or guide you through an issue of airport law, DSR LLC can help.
Below are some examples of the areas and services offered by DSR LLC:
Airport Governance and Governing Documents
The highest performing airports are focused on continuous improvement. This sometimes entails attention to governing documents, including local ordinances, airport rules and regulations, minimum standards, management directives, and leasing policies. Or, it may entail key planning documents, such as the airport master plan, airport layout plan, Exhibit “A” property map, or commercial development plan. And, in some instances, continuous improvement may entail a more broad-based assessment of airport governance and management, which may result in a transfer or change in ownership, privatization or “reverse privatization” of facilities and services, and/or leadership restructuring. DSR LLC can support each of these efforts, to advise and guide airports and their stakeholders through change and to develop and draft each of the associated documents.
Airport Contracting
Whether you are an airport operator, tenant, vendor, or prospective bidder, DSR LCC can help draft and negotiate the contract or relevant agreement authorizing commercial activities at airports. Dan has specific experience with construction, professional services, airlines, concessions, hotels, and commercial development. This experience includes a deep understanding of the federal contract terms and requirements associated with virtually every type of airport contract. For airport operators, this service can involve the preparation of individual contracts and/or development of standard form contracts that can be used for any type of commercial activity.
Airport Compliance
As noted above, there are federal legal requirements associated with virtually every aspect of airports, including the use of airport revenue and airport property; operations and maintenance of airport facilities; treatment of airport tenants and users; regulation of aeronautical activities; civil rights; construction; height of structures; “Buy America”; security; law enforcement; firefighting; wildlife; air and water quality; and noise impacts. In some instances, failure to adhere to these standards can have significant consequences, mostly notably the risk to federal grant funding. DSR LLC advises clients on how to comply with each of these standards and, in the event of a dispute, represents clients to advance and defend their interests.
Noise and the Environment
Perhaps no issue has vexed airports as much as how to responsibly balance the tremendous benefits provided to their communities with the noise and other environmental impacts that come with their operation. Noise management may entail studies and plans under FAR Part 150, imposition of noise rules under Part 161 or grandfathered restrictions, coordination with FAA on airspace procedures and flight tracks, compatible land use planning and zoning, and coordination with local governments and communities to help educate stakeholders and pursue cooperative solutions. DSR LLC can help with any and all of these efforts.
Regulatory Oversight
Airports are responsible to the FAA, TSA, U.S. Environmental Protection Agency, and regulators at the state and local levels. And, Airports are subject to inspection, investigation, audit, enforcement action and other forms of regulatory oversight by these regulators, some of whom also may serve as the judge or arbiter of airport conduct. DSR LLC advises clients on FAA review under FAR Parts 13 and 16, FAA certification inspections, TSA enforcement actions, investigations and audits by the USDOT Office of Inspector General, and other forms of regulatory oversight.
