On November 16, 2009, the City of Chicago and Village of Bensenville announced the settlement of litigation over the planned expansion of Chicago O'Hare International Airport.  Under the agreement, Chicago will pay Bensenville $16 million to acquire Village property, will implement a demolition protocol for homes within the Village, and will commit approximately $20 million for sound insulation of schools and homes impacted by airport expansion.  In exchange, Bensenville will dismiss its acquisition- and demolition-related litigation against Chicago.  The settlement thus eliminates one obstacle to the ambitious O'Hare Modernization Plan.  Click on the link below to view and download a copy of the Village press release further describing the settlement agreement.

On November 2, 2009, the FAA released its decision rejecting the Burbank-Glendale-Pasadena Airport Authority's application for a mandatory nighttime curfew at the Bob Hope Airport.  The Authority's application was the first formal request for a curfew under the Airport Noise and Capacity Act of 1990.  The FAA found that the application failed to satisfy four of six conditions imposed by Congress in ANCA.  Immediately following FAA's release of the decision, Representative Brad Sherman (D-Sherman Oaks) proposed that Congress enact legislation that would authorize a curfew at the airport.  Click on the link below to view and download the FAA decision.

On September 30, 2009, the FAA issued Order 5190.6B, Airport Compliance Manual.  The Order cancels Order 5190.6A, which had been in effect since 1989.  The Order sets forth the FAA's policies and procedures concerning airport sponsor compliance with Grant Assurances, deed restrictions and statutory obligations concerning the treatment of airport users and tenants.  While binding only on FAA personnel, the Order is an extremely important document for airport sponsors, users and tenants because it contains the FAA's position on key topics such as the lease of airport property, aircraft operating restrictions, and airport rates and charges.  While the Order is final and operative, the FAA has indicated its intent to solicit comments and to consider possible revisions to the Order in response to comments.  The Order is available at the following FAA website:

http://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/

On September 28, 2009, the Transportation Research Board published Legal Research Digest 7, Airport Governance and Ownership, prepared by firm partners Dan Reimer and John Putnam.  The Digest contains a comprehensive review and analysis of the public entities that own and operate airports in the U.S., the legal constraints and issues in airport governance, and the extent to which different ownership and governance structures help airports achieve their performance objectives.  To view and download the Digest, visit the following TRB website:

http://www.trb.org/Main/Public/Blurbs/Airport_Governance_and_Ownership_162331.aspx

On September 18, 2009, the FAA Associate Administrator affirmed in all respects the Director's Determination dismissing a complaint filed pursuant to FAR Part 16 against our client, the County of Westchester, New York.  In the Final Order, the FAA concludes that the County's policy of distinguishing between larger FBOs and light general aviation FBOs at the Westchester County Airport does not result in unjust discrimination or grant an exclusive right.  The Final Order contains an extensive treatment of the standard of review applied in Part 16 appeals and the standards for exclusive rights.  Click on the link below to view and download the Final Agency Decision and Order.

On September 17, 2009, the Transportation Research Board published Circular No. E-C138, Critical Issues in Aviation and the Environment 2009.  The Circular provides an update on significant developments in key areas, including noise, air quality, climate change, water quality, alternative fuels, sustainability and environmental review.  The firm's John Putnam contributed to several chapters.  Click here to view and download the Circular from TRB's website.

On September 14, 2009, the U.S. Court of Appeals for the Third Circuit affirmed DOT's determination that a "privilege fee" imposed by Tinicum Township (PA) for the use of Philadelphia International Airport violated the Anti-Head Tax Act.  Tinicum Township does not operate the Airport; however, portions of the Airport are located within the Township.  Both DOT and the Court of Appeals considered the proper interpretation of the Anti-Head Tax Act, both before and after recodification in 1994.  The court concluded that the Anti-Head Tax Act unambiguously prohibited the privilege fee.  Click on the link below to view and download the court's decision.

On August 28, 2009, the U.S. Environmental Protection Agency published a proposed rule that would establish new technology-based effluent limitation guidelines (ELGs) and new source performance standards (NSPS) under the Clean Water Act for discharges from airport deicing operations.  Airport operators are currently required to obtain stormwater discharge permits under the National Pollutant Discharge Elimination System (NPDES) program and to ensure that wastes from deicing operations are properly collected and treated.  EPA’s proposed rule would be implemented through the NPDES permit program.  The proposed rule would generally apply to wastewater associated with the deicing of aircraft and airfield pavement at primary commercial airports.  Airports that conduct aircraft deicing operations, have 1,000 or more annual jet departures, and 10,000 or more total annual departures, would be required to collect spent aircraft deicing fluid and treat the wastewater.  They may either treat the wastewater on site or send it to an off-site treatment contractor or publicly-owned treatment works.  Some airports would be required to reduce the amount of ammonia discharged from urea-based airfield pavement deicers or use airfield deicers that do not contain urea.  Comments on the proposed rule must be filed by December 28, 2009.  Click on the link below to view and download the proposed rule.

On August 10, 2009, the Transportation Research Board released ACRP Synthesis 16:  Compilation of Noise Programs in Areas Outside DNL 65 prepared by Mary Ellen Eagan and Robin Gardner of the noise consulting firm HMMH.  The report examines the regulatory framework of measures to address noise below DNL 65 dB, presents the results of a survey of 35 airports, and describes case studies of two communities' efforts to address noise beyond DNL 65 dB.  The report can be accessed through the TRB website at http://onlinepubs.trb.org/onlinepubs/acrp/acrp_syn_016.pdf.

On August 7, 2009, the U.S. Court of Appeals for the District of Columbia Circuit issued its opinion in Alaska Airlines v. DOT.  The court's decision is the latest in a long-running dispute over the FAA's Policy Regarding Airport Rates and Charges and specific rates and charges imposed by the City of Los Angeles on airlines at the Los Angeles International Airport.  The issues are too numerous and the court's conclusions too extensive to summarize adequately in this brief article.  The court upheld certain aspects of DOT's decision, rejected certain aspects, and remanded the matter to DOT to further justify other aspects.  Click on the link below to view and download the court's opinion.