ACI-NA Weekly Legal Briefing

ACI-NA’s Weekly Legal Briefing

Volume 2011, Issue 24

Week of August 22– 26, 2011

Legal Affairs Committee Members:

The following matters are highlighted for your review and information.

Litigation Update:

  • ACI-NA will file  an Amicus Brief Supporting the Clark County Department of Aviation (McCarran International Airport) in a case pending in the Nevada Supreme Court

 

Brief statement of the procedural history of the case:  70 Limited Partnership vs. McCarran International Airport and Clark County is a takings case involving a landowner which is referred to as 70 LP.  Based on the Nevada Supreme Court’s ruling in the Sisolak case, Clark County moved to dismiss the plaintiffs’ takings claims since four of the five ordinances regulating airport airspace during the time of the appellant’s ownership of the property were in effect at the time of the acquisition of the property by 70 LP.   In the Eighth Judicial District Court’s consideration of the issues raised, the state district court dismissed takings claims brought by the landowner based on the enactment of airport-related zoning regulations before October 1, 1993, the date of the landowner’s acquisition of an interest in the property. 

More detailed facts associated with this landowner and its claims are as follows:  The landowner acquired approximately 191.24 acres of land located south of McCarran Airport, with the closest parcel about one nautical mile from the Runway 1R endpoint, and the furthest point approximately 1.9 nautical miles from the runway end, on June 25, 1993.  70 LP sold most of the land and has not owned any of the parcels since July 22, 2002.   During 70 LP’s ownership of the land, it never sought a variance available under existing Clark County ordinances 1221 and/or 1599 or otherwise.   However, four of the parcels were sold to Howard Bulloch, who obtained a determination from the FAA in July of 1996 that structures with heights from approximately 140 feet to 200+ feet would be allowed on such parcels.  Imperial International Realty purchased those parcels based on those likely heights being allowed pursuant to the FAA determination.  70 LP subsequently filed an action on October 1, 2008, seeking compensation for a taking of the property, including an airspace takings claim asserted by the Estate of Mr. Bulloch.  The Estate’s purported property interest was based on its having owned the parcels prior to 70 LP acquiring title in 1993.  The Estate and 70 LP subsequently amended their complaint to assert that the County had already taken airspace over the parcels and the only issue was whether just compensation was owed.

District Court’s Detailed Ruling and further proceedings leading up to the current appeal:  The  state district court specifically ruled that:  (1)  a 15-year statute of limitations applies to such claims under White Pine Lumber; (2) Ordinances 61, 429, 728 and 1221 were enacted before October 1, 1993; (3) the complaint was filed on October 1, 2008; and (4) the claims based on takings allegedly effected by Ordinances 61, 429, 728 and 1221, and any other ordinance enacted before October 1, 1993, were therefore time-barred.  Accordingly, the district court entered a written order granting the County’s motion on April 16, 2009, dismissing with prejudice all claims based on ordinances enacted prior to October 1, 1993.  Although the court noted that no claims remained with respect to the Estate, it stated that the complaint was not dismissed in its entirety based on remaining claims premised on Ordinance 1599, which was enacted on July 6, 1994.  Appellant 70 LP then sought and obtained a Rule 54(b) certification to challenge the district court’s decision that all claims based on ordinances enacted prior to October 1, 1993 were time-barred under White Pine Lumber.

After holding an en banc hearing, the district court issued a unanimous opinion in its “Order of Affirmance” filed on October 19, 2010, in the Dvorchak Appeal.  That order affirmed the district court’s decision dismissing the Estate’s inverse condemnation airspace takings claims premised on ordinances enacted prior to October 1, 1993.  The court concluded that “in 1990, the year that Ordinance 1221 was adopted, Dvorchak sustained an injury for which she could have sought relief and the limitations period began to run.” 

70 LP moved forward in the District Court on its takings claim premised solely on Ordinance 1599.  The parties conducted discovery on the issue of whether Ordinance 1599 affected a taking of 70 LP’s “useable airspace” as defined by the Court’s ruling in Sisolak.    On October 29, 2009, the County filed a “Motion for partial Summary Judgment on the Taking of Airspace Above the Ordinance 1221 Height Thresholds,” reasoning that the County could not have taken any airspace above the Ordinance 1221 height thresholds since the same airspace that would have been taken by the enactment of Ordinance 1221 was also subject to the fifteen-year statute of limitations under the prior zoning ordinances on which the court ruled in the Dvorchak Order of Affirmance.  The District Court neither granted nor denied the County’s motion but found that since the airspace at issue has not yet been specifically defined, the court was “uncomfortable entering partial summary judgment” at that time. 

70 LP then posited that Ordinance 1599 alone caused damages in excess of $2.7 billion, which equals nearly thirty-three percent (44%) of the State of Nevada‘s entire budget for 2011! 

The brief submitted by Appellants also misrepresents that the airlines, not the airport or the citizens of Clark County, will be responsible for the payment of the alleged damages award.  This is a gross misrepresentation and underscores the importance of this case from an airport cost standpoint.

The district court subsequently considered the County’s renewed motion for partial summary judgment, the parties filed cross-motions, and the court granted the County’s Countermotion, denying 70 LP’s dispositive motion, based on the application of Sisolak to the unique facts and circumstance of the case.  This was reflected in the ten page Findings of Fact and Conclusions of Law issued by the court on May 4, 2010.

70 LP then filed its notice of appeal on July 16, 2010, seeking a review of the District Court’s final order issued on May 4, 2010, seeking a reversal of the court’s grant of the County’s Motion for Summary Judgment and a remand of the case for further proceedings.

The County’s responsive brief is due on September 6, and the ACI-NA amicus brief will be due on September 13.

Legislative and Regulatory Developments:

  • ACI-NA Sends Letters to LaHood and Babbitt Asking for Full Funding of AIP

On Monday, August 26, 2011, ACI-NA President Greg Principato sent letters to Department of Transportation Secretary Ray LaHood and FAA Administrator Randy Babbitt asking them to include full funding for the Airport Improvement Program in the Fiscal Year 2013 budget request.  The letter is in response to a memo written by Office of Management and Budget Director Jacob Lew directing all federal agencies to prepare FY13 budgets at 5% and 10% below enacted FY11 levels. 

The letter, as drafted, follows:

“Airports, like so many other sectors of the transportation industry, understand the impacts of the economy and the need to trim spending since airports have had to do the same.  As you begin to prepare your Fiscal Year 2013 budget proposal, I urge you to consider the impact airports have as local economic engines in communities across the country.  Now is the time for airports to invest in infrastructure, safety and security projects that not only benefit the traveling public but also create jobs and spur growth in cities and towns around the United States. 

One of ACI-NA’s priorities is to increase and strengthen the Airport Improvement Program (AIP).  AIP is especially important for smaller airports that have less ready access to private capital markets.  It helps ensure airports are able to fund critical projects that support aircraft operations including safety and security projects, runway and taxiway projects and other airfield maintenance.  AIP is funded by the passengers who use the system for the purpose of ensuring safe and secure airport facilities.  Thus, it is imperative that the program, which has been level funded since FY 2006, be fully funded in FY 2013. 

AIP clearly meets the criteria of “investing in those areas critical to job creation and economic growth” discussed in Office of Management and Budget Director Lew’s August 17 memo.  In fact, I would encourage you to identify AIP as a “priority investment” given the program’s excellent track record over the last two years in spurring economic growth and creating jobs in large and small communities. 

 

According to both FAA and industry studies, the need for AIP far exceeds existing grants, therefore any proposed reductions to AIP funding will mean significant delays for vital safety, security and modernization projects, negatively impacting the traveling public and ultimately our national economy. 

America’s airports stand ready to work with you and our local communities in providing the safest and most efficient facilities for the traveling public.  Thank you for your consideration of this request.”

  • ACI-NA Government Affairs Department Urges Persons to Participate in Town Hall Meetings being held in Your Congressional District

The ACI-NA Government Affairs department distributed the following communication to its members this week to encourage a coordinated effort in reminding Congressional leaders about the importance of airport issues to the your local economy, as well as the national economy:

“Our goal is to make certain that Members of Congress remember the importance of ensuring that the AATF remains strong and allows you an opportunity to continue to stress how important your airport is to the local economy.  Below are some prepared talking points to use with your Members at the town halls and a list of the announced town hall meetings scheduled for next week.  We will continue to update the list as more meetings are announced.

TOWN HALL TALKING POINTS:

  • During the FAA shutdown, the airports and airway trust fund lost almost $300 million, cutting further into the dangerously low $800 million uncommitted balance

 

  • Under the FAA shutdown, airports around the country suffered because much needed Airport Improvement Program (AIP) funding could not administered by the FAA.

 

  • Explain the impacts at your airport, especially on construction projects and the number of both airport and construction staff that were impacted by the FAA shutdown. 

 

  • Point out the economic impact your airport has on your local community.

 

****If you attend any town hall meetings: 

We would like to hear from you!  Please contact Channon Hanna at channa@aci-na.orgor 202-861-8087.”

TOWN HALL MEETINGS

Week of August 28 – September

 

DATE

MEMBER

STATE &

DISTRICT

PARTY

TIME

(local)

PLACE

August 28

Sen. Jeff Merkley

OR

Democrat

Starts at 1:30pm

Paisley School
Auditorium
260 Green Street
Paisley, OR 97636

August 28

Rep. Brad Sherman

CA-27

Democrat

3:00pm – 4:30pm

Reseda High School
18230 Kittridge Street
Reseda, CA 91335

August 28

Sen. Jeff Merkley

OR

Democrat

Starts at 7:00pm

Burns School District Office
Auditorium
550 North Court Avenue
Burns, OR 97720

August 29

Rep. Mike Ross

AR-4

Democrat

Starts at 9:00am

University of Arkansas at Monticello
Spencer Gallery (Fine Arts Center)
371 University Drive
Monticello, AR 71655

August 29

Rep. Mike Ross

AR-4

Democrat

Starts at 11:00am

Lake Village Fire Station
2017 Highway 6582
Lake Village, AR 71653

August 29

Rep. Lynn Jenkins

KS-2

Republican

Starts at 11:00am

Memorial Auditorium
503 North Pine Street
Pittsburg, KS

August 29

Rep. Dan Benishek

MI-1

Republican

11:00am – 12:00pm

Escanaba City Hall
Council Chambers
410 Ludington Street
Escanaba, MI 49829

August 29

Sen. Jeff Merkley

OR

Democrat

Starts at 12:00pm

Vale Elementary School
Multipurpose Room
403 "E" Street West
Vale, OR 97918

August 29

Rep. Mike Ross

AR-4

Democrat

Starts at 1:00pm

McGehee Town Hall
901 Holly Street
McGehee, AR 71654

August 29

Rep. Mike Ross

AR-4

Democrat

Starts at 2:30pm

Dumas City Council Room
155 East Waterman Street
Dumas, AR 71639

August 29

Sen. Chuck Grassley

IA

Republican

3:00pm – 4:00pm

New Hope Village Activity Center
Gymnasium
1211 East 18th Street
Carroll, IA 51401

August 29

Rep. Mike Ross

AR-4

Democrat

Starts at 4:00pm

Star City Civic Center
201 Liberty Street
Star City, AR 71667

August 29

Rep. Dan Benishek

MI-1

Republican

3:30pm – 4:30pm

Freighter's Restaurant
240 West Portage Avenue
Sault Ste. Marie, MI 49783

August 29

Sen. Jeff Merkley

OR

Democrat

Starts at 4:30pm

Pine Eagle Elementary School
Gymnasium
375 North Main Street
Halfway, OR 97834

August 29

Sen. Chuck Grassley

IA

Republican

5:00pm – 6:00pm

Denison Municipal Utilities
Community Room
721 Broadway
Denison, IA 51442

August 29

Sen. Mike Crapo

ID

Republican

Starts at 5:15pm

Idaho State University
Meridian Campus Auditorium
1311 East Central Drive
Meridian, ID 83642

August 29

Rep. Tom Cole

OK-4

Republican

Starts at 5:30pm

Professional Training Center
Room 108-111
1720 Hudiburg Drive
Midwest City, OK 73110

August 29

Rep. Terri Sewell

AL-7

Democrat

Starts at 5:30pm

Bessemer Public Library
400 19th Street North
Bessemer, AL 35020

August 29

Rep. Mick Mulvaney

SC-5

Republican

5:30pm – 8:00pm

Chesterfield-Ruby Middle School
14445 Highway 9
Chesterfield, SC 29709

August 29

Rep. Steve Pearce

NM-2

Republican

6:00pm-7:00pm

1185 East Madrid
Las Cruces, NM

August 29 

Rep. Randy Hultgren

IL-14

Republican

6:00pm-7:00pm

City Council Chambers
800 Game Farm Road
Yorkville, IL 60560

August 29

Rep. Sam Farr

CA-17

Democrat

6:30pm – 8:00pm

Salinas City Hall Rotunda
200 Lincoln Avenue
Salinas, CA 93901

August 29

Rep. Pete Olson

TX-22

Republican

6:30pm – 8:00pm

Clements High School
4200 Elkins Drive
Sugar Land, TX 77479

August 29

Rep. Steve Chabot

OH-1

Republican

Starts at 7:00pm

Westwood Town Hall
3017 Harrison Avenue
Cincinnati, OH 45211

August 30

Sen. Chuck Grassley

IA

Republican

8:00am – 9:00am

Harland Public Library
718 Court Street
Harlan, IA 51537

August 30

Sen. Jeff Merkley

OR

Democrat

Starts at 9:30am

Hurricane Creek Grange
82930 Airport Lane
Joseph, OR 97846

August 30

Rep. Mike Ross

AR-4

Democrat

Starts at 9:30am

Glenwood City Hall
210 North Second Street
Glenwood, AR 71943

August 30

Sen. Chuck Grassley

IA

Republican

10:00am – 11:30am

Oakland Community Building
129 Harrison Street
Oakland, IA 51560

August 30

Rep. Ted Deutch

FL-19

Democrat

Starts at 10:00am

Century Village Deerfield Activity Center
3501 West Drive
Deerfield Beach, FL 33442

August 30

Rep. Mike Ross

AR-4

Democrat

Starts at 11:00am

Murfreesboro Senior Center
120 North Court Street
Murfreesboro, AR 71958

August 30

Sen. Chuck Grassley

IA

Republican

1:00pm – 2:30pm

Montgomery County Family YMCA
101 East Cherry Street
Red Oak, IA

August 30

Sen. Jeff Merkley

OR

Democrat

Starts at 1:30pm

Elgin High School
Gymnasium
1400 Birch Street
Elgin, OR 97827

August 30

Rep. Mike Ross

AR-4

Democrat

Starts at 1:30pm

Southwest Arkansas Electric Cooperative
REA Building
2904 East 9th Street
Texarkana, AR 71854

August 30

Rep. Dan Benishek

MI-1

Republican

2:30pm – 3:30pm

Great Lakes Boat Building School
485 South Meridian Road
Cedarville, MI 49719

August 30

Sen. Chuck Grassley

IA

Republican

3:30pm – 5:00pm

Cass County Community Center
Medium Room
805 West 10th
Atlantic, IA 50022

August 30

Rep. Mike Ross

AR-4

Democrat

Starts at 4:00pm

Lafayette County Courthouse
1 Courthouse Square
Lewisville, AR 71845

August 30

Rep. Allen West

FL-22

Republican

4:00pm – 6:00pm

Burns Road Recreation Center
4404 Burns Road
Palm Beach Gardens, FL 33410

This meeting requires an RSVP.
RSVP by phone at 202-731-1778

August 30

Sen. Jeff Merkley

OR

Democrat

Starts at 5:30pm

Umatilla High School
Commons
1400 7th Street
Umatilla, OR 97882

August 30

Rep. Terri Sewell

AL-7

Democrat

Starts at 5:30pm

Five Points West Library
4812 Avenue West
Birmingham, AL 35208

August 30

Rep. Tom McClintock

CA-4

Republican

Starts at 6:00pm

Sunset Center
2650 Sunset Boulevard
Rocklin, CA 95677

August 30

Rep. Mick Mulvaney

SC-5

Republican

Starts at 6:00pm

Christ Central Community Center Theater
235 South Congress Street
Winnsoboro, SC

August 30

Rep. Maxine Waters

CA-35

Democrat

Starts at 6:00pm

Chenshaw Christian Center
7901 South Vermont Avenue
Los Angeles, CA 90044

August 30

Sen. Mike Lee

UT

Republican

6:00pm – 8:00pm

Fairview City Hall
85 South State Street
Fairview, UT 84629

August 30

Rep. Karen Bass

CA-33

Democrat

6:00pm – 8:00pm

West 7901 South Vermont Avenue
Los Angeles, CA 90044

August 31

Sen. Chuck Grassley

IA

Republican

7:30am – 8:30am

Onawa Community Center
320 10th Street
Onawa, IA 51040

August 31

Sen. Chuck Grassley

IA

Republican

10:00am – 11:00am

United Western Coop
222 East Lincoln Highway
Missouri Valley, IA 51555

August 31

Rep. Patrick Meehan

PA-7

Republican

10:00am – 11:00am

Upper Marion Township Building
175 West Valley Forge Road
King of Prussia, PA 19406

August 31

Sen. Chuck Grassley

IA

Republican

1:00pm – 2:00pm

Glenwood Senior Center
20 North Vine
Glenwood, IA 51534

August 31

Rep. Patrick Meehan

PA-7

Republican

2:00pm – 3:00pm

Concord Township Building
43 Thornton Road
Glen Mills, PA 19342

August 31

Sen. Chuck Grassley

IA

Republican

3:30pm – 4:00pm

Sidney Senior Center
Northridge Shopping Center
2820 Northridge Road
Sidney, IA 51652

August 31

Rep. Francisco Canseco

TX-23

Republican

4:30pm – 6:00pm

Uvalde City Council Chambers
101 East Main Street
Uvalde, TX 78801

August 31

Sen. Chuck Grassley

IA

Republican

4:45pm –5:45pm

Shenandoah Medical Center
Rapp Meeting Room
300 Pershing Avenue
Shenandoah, IA 51601

August 31

Sen. Mike Lee

UT

Republican

5:00pm – 6:00pm

The Opera House
60 East Center Street
Beaver City, UT 84713

August 31

Rep. Joe Barton

TX-6

Republican

6:00pm – 7:00pm

Crowley City Hall
Council Chambers
201 East Main Street
Crowley, TX 76036

August 31

Rep. Xavier Becerra

CA-31

Democrat

Starts at 6:00pm

TBA

 

For more information, contact:

DC office at202-225-6235

LA office at 213-483-1425

August 31

Rep. Francisco Canseco

TX-23

Republican

Starts at 6:30pm

Uvalde City Council Chambers
101 East Main Street
Uvalde, TX 78801

August 31

Rep. Sam Farr

CA-17

Democrat

6:30pm – 8:00pm

Monterey Institute of International Studies
Irvine Auditorium
499 Pierce Street
Monterey, CA 93940

August 31

Rep. Pete Olson

TX-22

Republican

6:30pm – 8:00pm

Fort Bend County Justice Center
1422 Eugene Heimann Circle
Richmond, TX 77469

August 31

Sen. Mike Lee

UT

Republican

7:00pm – 8:30pm

SUU Sharwan Smith Student Center
Sterling Church Auditorium
351 West University Boulevard
Cedar City, UT 84720

August 31

Rep. Patrick Meehan

PA-7

Republican

7:00pm – 8:00pm

Springfield Township Building
50 Powell Road
Springfield, PA 19064

September 1

Sen. Chuck Grassley

IA

Republican

8:00am – 9:00am

Taylor County Farm Bureau
Meeting Room
607 Pollock Boulevard
Bedford, IA 50833

September 1

Rep. Dan Benishek

MI-1

Republican

8:30am – 9:30am

Carnegie Library
235 East Aurora Street
Ironwood, MI 49935

September 1

Sen. Chuck Grassley

IA

Republican

10:15am – 11:15am

Corning Community Building
601 6th Street
Corning, IA 50841

September 1

Rep. Dan Benishek

MI-1

Republican

11:00am – 1:00pm

Iron River Senior Center
800 North 4th Avenue
Iron River, MI 49935

September 1

Sen. Chuck Grassley

IA

Republican

1:30pm – 2:30pm

Audobon County Economic Development
Community Room
800 Market Street
Audubon, IA 50025

September 1

Rep. Tom Graves

GA-9

Republican

Starts at 2pm

Old Courthouse
Second Floor Commissioners Chamber
99 Courthouse Hill
Dahlonega, GA 30533

September 1

Rep. Francisco Canseco

TX-23

Republican

4:30pm – 6:00pm

Edwards County Park Building
Edwards County Fairgrounds
903 North Highway 377
Rocksprings, TX 78880

September 1

Sen. Mike Crapo

ID

Republican

Starts at 5:00pm

North Idaho College
Boswell Hall, Shuler Auditorium
1000 West Garden Avenue
Coeur d'Alene, ID 83814

September 1

Rep. Tom McClintock

CA-4

Republican

Starts at 6:00pm

Ridge Events Center
2020 Golf Course Road
Auburn, CA 95602

September 1

Rep. Tom Graves

GA-9

Republican

Starts at 6:00pm

Fannin County Middle School
Cafeteria
3560 Old Highway 76
Blue Ridge, GA 30513

September 1

Rep. Francisco Canseco

TX-23

Republican

Starts at 6:30pm

Edwards County Park Building
Edwards County Fairgrounds
903 North Highway 377
Rocksprings, TX 78880

September 1

Sen. Mike Lee

UT

Republican

7:00pm – 8:00pm

City Council Chambers
175 East 200 North
St George, UT 84770

September 6

Rep. Gene Green

TX-29

Democrat

7:00pm – 8:00pm

Holiday Forest/Wood Shadows II Civic Clubs
12001-A East Freeway
Houston, TX 77029

For more information on this meeting, follow this link: http://green.house.gov/event/town-hall-meeting-holiday-forestwood-shadows-ii-civic-clubs

September 6

Rep. Jason Chaffetz

UT-3

Republican

7:00pm – 8:30pm

Tooele City Council Chambers
90 North Main Street
Tooele, UT 84074-2191

 

Please contact ACI-NA’s Government Affairs staff should you have any additional questions or concerns.

  • OMB:  Tuesday’s Today’s Federal Register contains a notice from DOT regarding a request to OMB to collect information from the public using an on-line complaint form.  DOT’s Office of the Assistant General Counsel for Aviation Enforcement and Proceedings monitors compliance with and investigates violations of DOT’s aviation economic, consumer protection, and civil rights requirements.  The reason for this request is to enable consumers to file their complaints to DOT using a web-based on-line form.  Currently, consumers can to file a complaint by sending a letter using regular mail or by phone message.

Link to Federal Register Notice:  http://www.gpo.gov/fdsys/pkg/FR-2011-08-23/pdf/2011-21370.pdf

On-Line Complaint Form for Service-Related Issues in Air Transportation

ACTION: Notice and request for comments.

SUMMARY: [T]his notice announces the Department of Transportation’s intention to request an OMB control number for the collection of information from the public using an on-line complaint form. The on-line complaint form allows the public to electronically submit aviation service-related complaints against air carriers.

DATES: Comments on this notice must be received by October 24, 2011.

  • US Postal Service:  Thursday’s Federal Register Notice regarding new U.S. Postal Service regulations regarding the shipping of lithium ion batteries.  It’s interesting to note that the batteries cannot be shipped separately but must be installed in the equipment. Also, for laptop computers, the number of cells in the lithium battery is limited to 4 – many of these batteries now have more than 4 cells.  I guess the consumer will no longer be able to order by mail replacement lithium batteries.

Link to Federal Register Notice:  http://www.gpo.gov/fdsys/pkg/FR-2011-08-25/pdf/2011-21443.pdf

[Regulatory updates provided by James Briggs]

Matters of Interest

The FAA has published helpful information on airport preparations for hurricanes on its website at http://www.dot.gov/fastlane/preparing-our-nation%E2%80%99s-aviation-system-hurricanes

Many of the DOT’s expanded airline passenger protections became effective on Friday, August 23, 2011.  The remainder of the protections will become effective on January 24, 2012.  A DOT press release outlining the key provisions that are currently effective is available at http://www.dot.gov/affairs/2011/dot11111.html

Briefly stated, under the enhanced protections:

  • Airlines are required to refund any fee for carrying a bag if the bag is lost.  Airlines are already required to compensate passengers for reasonable expenses for loss, damage or delay in the carriage of passenger baggage. 
  • Airlines must prominently disclose all optional fees on their websites, including but not limited to fees for baggage, meals, canceling or changing reservations, or advanced or upgraded seating.
  • The maximum compensation owed passenger will be double the amount of money they were previously eligible to receive in the event they are involuntarily bumped from an oversold flight. Bumped passengers subject to short delays will receive compensation equal to double the one-way price of their tickets, up to $650, while those subject to longer delays would receive payments of four times the one-way value of their tickets, up to $1,300. 
  • The new rule also expands the existing ban on lengthy tarmac delays to cover the international flights of foreign airlines at U.S. airports, and establishes a hard four-hour time limit on tarmac delays for all international flights at U.S. airports.  It also extends the three-hour tarmac delay limit for domestic flights, currently in place only at large-hub and medium-hub airports, to flights at small-hub and non-hub airports as well.

Upcoming Meetings and Events of Interest

  • The ABA Air & Space Law Forum’s 2011 Annual Conference will be held in Montreal on September 22 and 23 at the Marriott Chateau Champlain

Airport Lawyers will find a number of sessions and speakers of interest, notably:

James Cherry, President & CEO, Aéroports de Montréal

will be the keynote speaker on Friday morning, September 23

and a special General Counsels’ Panel that will explore the full range of issues that aviation general counsel, representing a diverse group of entities, are expected to handle, including:

• Litigation management

• Governance issues (public and private sector)

• Discovery requests

• Management oversight of government investigations

• Legal implications of government regulations and policies

Panelists will also discuss their greatest challenges, major accomplishments and key issues facing each organization's legal department.

 

MODERATOR:  Monica R. Hargrove

General Counsel, Airports Council International-North America

 

SPEAKERS:

Scott Casey, Vice President, Legal & Public Affairs, UPS

Gary Doernhoefer, General Counsel, Legal Services Department, International Air Transport Association

Francine Kerner, Chief Counsel, US Transportation Security Administration

David Mackey, Interim CEO & Chief Legal Counsel, Massachusetts Port Authority

David Shapiro, Chief Legal Officer, Vice President & General Counsel, Air Canada

 

  • Public Safety & Security Fall Conference: Perimeter Security Roundtable
    Participate in this roundtable discussion at the Public Safety and Security Fall Conferenceon Aug. 29- Sept. 1 in Arlington, Va., as airports share best practices for vehicle and pedestrian intrusion prevention, suspicious activity detection, conducting perimeter security surveillance, fence line maintenance and working with its community to deter and prevent unauthorized access attempts. Other panelists will cover some of the technological solutions for enhancing perimeter security. This panel will take place on Aug. 30.

 

  • The ACI-NA Fall Legal Conference will take place at the San Diego Convention Center

on October 15 – 16, 2011

The agenda is available on the ACI-NA Website!

http://2011.aci-na.org/sites/default/files/revised_preliiminary_agenda_8.18.2011.pdf

Online registration is available!

If you have any litigation issues for inclusion during the Litigation Update Session or any transactions of note for inclusion during the Transactions Update Session in October, please send them to me or to the Chairman of the Legal Steering Group,

Timothy Karaskiewicz at timothy.karaskiewicz@milwcnty.com

If you have information of interest to share, forward it to me by COB on Thursday of each week.

  Send it to:  mhargrove@aci-na.org

Have a great weekend!

Monica

Monica R. Hargrove
General Counsel

Direct: (202) 861-8088                                                                                                             
E-mail: mhargrove@aci-na.org