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Peter J. Kirsch
Alternate image for Peter J. Kirsch

Peter J. Kirsch

Partner

  • Airports|
  • Environment|
  • Government and Public Policy|
Denver
303.825.7000C 303.898.1665
Washington, DC
202.596.1112
pkirsch@kaplankirsch.com
  • Overview
  • Representative Experience
  • Resources and News
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I am passionate about transportation infrastructure and excited to help my clients envision, plan and realize these projects. I am especially energized by complex public policy problems that beg for creative solutions – whether for projects, litigation or counseling. I also take my clients’ interests and goals very personally and appreciate that every project brings unique challenges and that every client’s needs and political realities are likewise unique. I try to understand and adapt to these particular needs in approaching problems. Finally, I know that too few lawyers understand the importance of clear, plain-English communications. Since my clients are usually not lawyers, I work hard to not be a stuffy lawyer – and to translate complex legal issues into practical, useful language.

Peter’s practice focuses on development and regulation of transportation and other infrastructure. Peter’s clients primarily include local and state governments but also private sector entities and public interest groups in negotiations and litigation over project development and land use approvals, the environmental impacts of infrastructure projects, and compliance with federal transportation law and regulations. He litigates cases before administrative agencies, numerous state and federal trial and appellate courts, and the U.S. Supreme Court and represents clients before Congress and federal administrative agencies.

For more than 35 years, Peter has focused his practice on the development of airport infrastructure – including many of the new commercial airports in the United States as well as dozens of airport expansions, redevelopment projects, and development of airport land for non-aeronautical projects. He advises airport sponsors on financial matters, regulatory compliance, leasing, land use issues, environmental impacts, and relations with their host communities.

Increasingly, Peter provides counsel to airports on creative and precedent-setting development and concession arrangements. Public-private partnerships have become a focus on his practice in recent years, and he has represented both airports and private sector investors in airport management and development projects.

For many of his infrastructure projects, Peter advises clients on compliance with federal environmental laws, with a particular focus on the National Environmental Policy Act and on the regulatory strings that come attached to federal funding of transportation infrastructure or use of federal lands.

Representative Experience

New Haven, CT

Represented the Tweed New Haven Airport Authority in a complex and unique transaction with Avports, LLC to lease and manage the airport, promote air service, develop a new passenger terminal, and extend the airport’s sole runway.  In addition to negotiating leases and management contracts, the Firm assisted in securing numerous federal approvals including environmental reviews and approvals.

Everett (Seattle area), WA

Represents both the airport sponsor and the private sector operator in a first-of-its-kind public-private partnership to accommodate commercial airline service for the first time at this large industrial airport in suburban Seattle; work for the sponsor included federal environmental review, negotiations with the private terminal developer, and work on relations with nearby communities; representation of the private sector developer included negotiations with air carriers and financial partners in development of the terminal and crafting of terminal use regulations. This project was awarded the 2019 Innovation Project of the Year by the National Council for Public-Private Partnerships.

Las Vegas area, NV

Providing counsel for more than 20 years for the effort to plan for a second commercial service airport for Las Vegas and southern Nevada; counseling on preparation of environmental documentation, planning, and federal regulatory efforts involving coordination among several federal agencies; providing continuing advice on federal regulatory compliance and airspace protection for both the proposed new airport and for the existing Harry Reid International Airport (LAS).  The Firm also provides continuing counsel on federal regulatory compliance, noise mitigation, environmental reviews, and adaption to new industry business modes for all of the airports operated by the Clark County Department of Aviation.

Palm Beach County, FL

Representing Palm Beach County, the sponsor of four airports on a wide range of federal regulatory and litigation matters for more than 30 years, including defense of multiple lawsuits over noise impacts brought by residents of Town of Palm Beach and the owner of Mar-A-Lago; FAA Part 16 proceedings regarding compliance with federal grant assurance obligations at the County’s general aviation airport; assistance with preparing noise and land use compatibility plans; negotiations with users of the general aviation airport; and counseling on general matters of federal environmental reviews and compliance.

Burbank, CA

Represented City in decades-long effort (including more than a dozen lawsuits) to secure noise relief and to control growth at Hollywood-Burbank Airport; represented client in successful negotiation of development agreements to resolve 40-year old dispute over control and authority of future development of airport, the result of which is be the development of a new passenger terminal for the first time in more than 80 years.

Hailey (Sun Valley), ID

Representing the proprietor of one of Idaho’s largest commercial airports in the planning, environmental review, and development of a replacement airport and in federal compliance, noise, and environmental problems at the existing airport; for more than 25 years, providing continuing regulatory counsel on airport compliance matters, airport expansion and relations with airport concessions.  The Firm’s representation has included defense of litigation, renegotiation of the sponsor’s intergovernmental agreement, and unique regulatory compliance issues in connection with the geographically challenging airport site.

Dallas Love Field Airport

Assisted the sponsor in creation and defense of complex gate allocation methodology at an airport whose terminal capacity is capped by federal law; including drafting allocation procedures and assisting with defense of lengthy state and federal litigation among carriers, the FAA, and the sponsor over that allocation approach.  The Firm also advises the City on competition issues, compliance with FAA Grant Assurances and strategies in connection with airline use and lease agreements.

Chicago O’Hare International Airport

Represented the airport sponsor in preparation of environmental documentation for reconstruction and renovation of entire terminal and gate complex and in related negotiations; representation on complex federal regulatory matters concerning airport operations and compliance with federal security, safety and operational regulations.  The Firm successfully represented the sponsor in the dismissal of inverse condemnation litigation over noise impacts from operations at a new runway and assisted in a wide range of matters related to the airline use and lease agreement.

State of Hawaii

The Firm represents the Hawaii Department of Transportation – Airports Division on federal regulatory compliance for the fourteen state-owned airport.  The Firms work has included defense of Part 16 administrative proceedings, renegotiation of a lease and use agreement with the Department of Defense for an airport located on federal land, development of a new FBO, and negotiations for a large cargo facility.

Naples Municipal Airport, FL

For more than 25 years, the Firm has represented the sponsor of this large general aviation airport in a wide range of legal issues in connection with addressing community noise concerns and regulatory compliance matters.  The Firm assisted the sponsor in adoption of the nation’s first – and only – successful noise restriction since enactment of the Airport Noise and Capacity Act in 1990.  The Firm’s representation has included successful defense of several lawsuits related to those efforts as well as defense of FAA investigations concerning compliance with the sponsor’s federal obligations.  Since the sponsor is also the FBO, the Firm’s work has included counsel on matters of relations with airport users and business matters related to operation of the FBO.

Resources and News

Awards and Recognition

News

Presentations

Publications

TRB Publications

  • The Best Lawyers in America® Announces Lawyer Rankings, Firm Attorneys Included

    Awards and Recognition | August 15, 2024
  • FAA/DOT Issues Significant Updates to Grant Programs

    News | April 25, 2025
  • Kaplan Kirsch Attorneys Recognized Among 2025 Colorado Super Lawyers®

    News | March 26, 2025
  • FAA Issues Guidance on New Categorical Exclusion for Airport Projects

    News | January 7, 2025
  • FAA Seeking Comments on How to Describe Local Noise Abatement Measure in the FAA’s Chart Supplement

    News | April 23, 2024
  • view all
  • ACC Virtual Workshop: Navigating the Legal and Ethics Requirements for Aviation Professionals

    Presentations | June 20, 2024
  • Peter Kirsch Presents at UC Davis’ 2024 Aviation Noise and Emissions Symposium

    Presentations | March 06, 2024
  • Peter Kirsch and Steven Osit Present at SWAAAE 64th Annual Airport Management Short Course

    Presentations | January 20, 2024
  • Peter Kirsch and Catherine van Heuven Present at American Association of Airport Executives’ Member Meeting 

    Presentations | December 21, 2023
  • view all
  • Airports Responding to Public Health Emergencies: Legal Considerations

    Publications | April 12, 2023
  • Options and Analysis of Major Provisions in Airport Concessions Contracts

    Publications | December 20, 2022
  • Legal Impediments to Airport P3s in the United States

    Publications | January 12, 2022
  • Kaplan Kirsch & Rockwell and C&S Companies Develop Section 163 Guide

    Publications | October 6, 2021
  • view all
  • Permissible Uses of Airport Property and Revenue

    Publications | December 3, 2020
  • ACRP Insight Event – Public-Private Partnerships: What Are the Lessons Learned?

    Publications | July 10, 2019
  • ACRP Legal Research Digest 36: Legal Issues Related to Implementation and Operation of SMS for Airports

    Publications | November 30, 2018
  • ACRP Report 85: Developing and Maintaining Support for Your Airport Capacity Project

    Publications | July 11, 2013

Primary Sidebar

Practices

  • Airline Use and Lease Agreements
  • Airport Electrification & Advanced Air Mobility
  • Airport Environmental Impacts and Conformity
  • Airport Litigation
  • Airport Planning and Development
  • Airports
  • Airspace
  • Aviation Bankruptcy
  • Community Representation
  • Endangered Species & Wildlife Issues
  • Environment
  • Environment, Public Lands, and Conservation Litigation
  • Environmental Impact Reviews
  • Environmental Litigation
  • Establishing New Organizations, Programs, and Building Capacity
  • Financial Matters
  • Funding and Operating Airports through P3s
  • Government and Public Policy
  • Grant Assurance Compliance
  • Historic and Archeological Resources
  • Innovative Technology and Project Delivery
  • Intergovernmental Agreements
  • Land Use and Zoning
  • Military Base Closure and Redevelopment
  • Multi-Modal Transportation Facilities
  • Noise
  • Policy Strategies & Legislation
  • Policy Strategies & Legislation
  • Project Development
  • Project Funding and Delivery
  • Public Financing for Infrastructure
  • Public Meetings, Open Records, and Participation in the Public Process
  • Public-Private Partnerships
  • Public-Private Partnerships
  • Real Estate Development and Transactions
  • Real Estate, Land Use, and Zoning
  • Real Estate, Land Use, and Zoning Litigation
  • Rules and Regulations and Minimum Standards
  • Safety and Security
  • Unmanned Aircraft Systems / Drones

Education

  • J.D., University of Chicago, 1984
  • B.A., Oberlin College, with highest honors, 1979

Clerkships

  • Law Clerk, Judge Alfred T. Goodwin, 9th U.S. Circuit Court of Appeals, 1984–1985

Bar & Court Admissions

Bar Admissions

  • Colorado, 1997
  • District of Columbia, 1988
  • Maryland, 1987
  • Washington, 1984

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Colorado
  • U.S. District Court, Connecticut
  • U.S. District Court, District of Columbia
  • U.S. District Court, Maryland
  • U.S. District Court, Nebraska
  • U.S. District Court, Northern District, Illinois
  • U.S. District Court, Western District, Washington

Organizations

  • Board of Trustees, The Denver Foundation (2020–Present; Vice Chair 2022 - Present)
  • Airport Consultants Council (Board of Directors 2018–2022; ACC Foundation 2019–Present)
  • Colorado and Southwest Advisory Board, Trust for Public Land (2012–Present; Vice Chair 2016–Present)
  • Board of Directors, Conservation Colorado and Conservation Colorado Education Fund (2004–2006, 2010–2019; Chair 2012–2016) (including service with predecessor, Colorado Conservation Voters)
  • Board of Trustees, Denver Botanic Gardens (2012–2017)
  • Denver Cultural Council (2014–2016)
  • Board of Trustees, Museum of Contemporary Art - Denver (2005–2012)
  • Board of Trustees, Volunteers for Outdoor Colorado (2004–2010; Chair 2006–2008)
  • Board of Trustees, Oberlin College (2000–2007; Executive Committee 2003–2006)
  • Chair, Bromwell School CDM [Governance] Committee (2002–2004)
  • Board of Trustees, River Network (1993–2002; Chair 1999–2001)
  • Chair, Transportation Section, International Municipal Lawyers Association (1996–1997)

Honors

  • Best Lawyers in America® , Litigation - Environmental (2021-2023, 2025)
  • Super Lawyers®, Aviation and Aerospace Law; Environmental Law; Land Use/Zoning Law (2012–Present)
  • Recipient, John Vance Award, National Academy of Sciences Transportation Research Board (2021)

Resources

  • P3 Airport Projects: An Introduction for Airport Lawyers (Second Edition)
  • P3 Airport Projects: An Introduction for Airport Lawyers
  • FAA Proposals for Safety Management Systems Discussion Paper
  • Guide to Airport Noise Rules and Use Restrictions
  • Co-Editor, Airport Law Desk Reference (annual editions 2012- current)
  • Co-Author, P3 Airport Projects: An Introduction for Airport Lawyers
  • Co-Author, Guide to Airport Noise Rules and Use Restrictions
  • Author, Discussion Paper: FAA Proposals for Safety Management Systems
  • Co-Author, Navigating Section 163: A Guide to Facilitating Non Aeronautical Development
  • Chapter Author, Legal Impediments to Airport P3s in the United States, in Handbook on Public Private Partnerships in Transportation, Vol I. Competitive Government: Public Private Partnerships
  • Co-Author, AAAE “Finance Assessment and Options” Paper

Peter J. Kirsch's Projects

  • FAA Air Traffic Control Towers

    Nationwide
  • Hollywood Burbank Airport

    California
  • Harry Reid International Airport

    Nevada
  • NextGen Flight Patterns at Phoenix Sky Harbor Airport

    Arizona
  • Paine Field Commercial Service and Passenger Terminal

    Washington
  • Over The River™

    Colorado
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