Contacts

  • December 2 2011
    USDOT Awards RTD $280 Million Loan for Eagle P3 Commuter Rail Project

    USDOT announced on December 2 that it had awarded Firm client Regional Transportation District a $280 million loan under UDDOT’s Transportation Infrastructure Finance and Innovation Act (TIFIA) program.  This loan will advance construction on RTD’s 30-mile long Eagle P3 commuter rail project, which will serve the greater Denver region.  The Firm assisted RTD in the negotiations and regulatory approvals required for the acquisition of the railroad rights-of-way needed for this project.  Eagle P3 is the first comprehensive public-private partnership to be undertaken by a US transit agency to develop a passenger rail system, and is being funded through a combination of private investment and federal grants and loans.  Read more about this project here.
  • November 16 2011
    Federal Transit Administraton Issues Record of Decision Approving the East Link Light Rail Alignment

    The Federal Transit Administration and Sound Transit, the Seattle-region light rail system, announced on November 16 that FTA has issued a Record of Decision approving the East Link portion of the light rail system through Seattle’s eastern suburbs.  The Firm assisted Sound Transit in the environmental documentation for this project and in negotiations that led to a Memorandum of Agreement with the City of Bellevue.  For more information, click here.


  • October 2 2011,
    Basics of Airport Law and Legal Update
    Kaplan Kirsch & Rockwell organizes and provides the faculty for the annual Basics of Airport Law and Legal Update that is sponsored jointly by the Firm and the American Association of Airport Executives with the support of the Federal Aviation Administration. The 27th Annual Conference was held on October 2-4, 2011, in Washington, D.C. For further information about this year's workshop or to purchase a copy of the conference textbook and presentations from prior years, contact Dan Reimer or AAAEmeetings@aaae.org.

  • Niobrara Shale Play Demands Strong Surface Use Agreement,
    Colorado Real Estate Journal

    Date: July 20, 2011
    Authors(s): Polly J. Jessen

    Polly Jessen authored this article published in the July 20, 2011 - August 2, 2011 Colorado Real Estate Journal. 

    110720_Jessen.pdf
    Download Now
  • First Federal Court Interpretation of "Affiliation" Under CERCLA's BFPP Defense,
    The Colorado Lawyer

    Date: May 1, 2011
    Authors(s): Polly B. Jessen, Ian K. London

    Polly Jessen and Ian London co-author this article published in the Natural Resource and Environmental Law section of The Colorado Lawyer.

    May2011_NaturalResourceEnvLaw.pdf
    Download Now

  • Instream Water Protection Conference
    Location: Sacramento, CA
    Date: January 20, 2012

    Presenter(s): William M. Silberstein

    On January 20, 2012, Bill Silberstein will be a featured speaker at the Instream Water Protection Conference of the Resource Renewal Institute in Sacramento California. Bill will be speaking about his efforts to gain charitable treatment for water rights dedicated to instream flows and resource conservation.

  • 5th Annual Conference - Conservation Easements, Understanding the Legislative Escape
    Location: Grand Hyatt, Denver, CO
    Date: September 16, 2011

    Presenter(s): Bill Silberstein


    Bill Silberstein is once again serving as program co-chair for the 5th Annual Conservation Easement CLE to be held on September 16, 2011. Bill will be speaking on legislative changes to the Colorado Department of Revenue Tax Credits Disputes. For more information contact www.cle.com/easements.


  • BLM Clears Christo's Over The River Installation
    The Denver Post
    November 7, 2011

    The Bureau of Land Management announced in November, 2011, its approval of the “Over the River” project for the Arkansas River in Colorado.  The installation, planned for the summer of 2014, is designed by the artists Christo and Jeanne Claude.  The firm represents the Over the River Corporation.

    Click here to read the article.

  • Colorado Approves Two Leases for Over the River
    The Denver Post
    October 8, 2011

    The Denver Post published an article on recent approval by the State Land Board of a lease for our client, the Over the River Corporation, to exhibit a temporary work of art by the artists Christo and Jeanne-Claude.

    Click here to read the article.


  • January 31, 2012
    ,
    Kaplan Kirsch & Rockwell Assists Port Everglades in Negotiating Public-Private Agreement for Intermodal Container Transfer Facility

    Kaplan Kirsch & Rockwell attorneys assisted Port Everglades in negotiating a 30-year lease and operating agreement with Florida East Coast Railway to develop an intermodal container transfer facility at the Port, located in Broward County, Florida.  The facility, which will become operational at the beginning of 2014, will be used to transfer international containers directly between ship and rail within the Port.  By eliminating the need for trucks to haul containers to and from off-port rail terminals, the facility is expected to reduce congestion on interstate and local highways and reduce air emissions by diverting an estimated 180,000 trucks by 2027.  Construction, maintenance, and operation of the facility is also expected to create new short- and long-term jobs, spur additional capital projects in Broward County, and open new trading lanes to and from South America, Latin America, the Caribbean, and Asia.  Attorneys from Kaplan Kirsch & Rockwell assisted the Port in negotiating the public-private agreement, which was a prerequisite for securing a $30 million loan for the project from the Florida State Infrastructure Bank.  The Broward County Board of County Commissioners gave final approval for the agreement on Tuesday, January 31st.  Read the County’s press release for additional details.
  • January 13, 2012
    ,
    USDOT and White House Council on Environmental Quality Announce Pilot Project to Streamline Environmental Review of Northeast Corridor High-Speed Rail Proposals

    The White House Council on Environmental Quality and USDOT announced a pilot project to speed the environmental review process for high-speed rail in the Northeast Corridor.  The pilot is aimed at creating a collaborative process by involving the public and Federal, state and local governments earlier in the project review schedule.  The pilot project proposes to establish benchmarks early in the environmental review process to prevent conflicts and delays in the later phases of project development.  For more information, read USDOT’s press release.

  •  
    UPS Pilots File Suit Against Fatigue Rule

    On December 22, 2011, firm client, the Independent Pilots Association, filed suit in the U.S. Court of Appeals challenging the FAA’s final rule on pilot flight and duty time.  IPA, which represents 2,700 pilots flying for the United Parcel Service, specifically is challenging the FAA’s decision to exempt cargo carriers from the new rule.   According to IPA General Counsel William Trent, "The IPA seeks to have cargo operations included within the scope of the rule because of the safety benefits provided by the rule.  IPA does not seek to delay implementation of these important safety benefits to passenger operations.”  To learn more about IPA’s petition, visit the IPA website at www.ipapilot.org, or contact Tom Devine.

  •  
    EU Court of Justice Upholds Emissions Trading Scheme for Aviation

    On December 20, 2011, the Court of Justice of the European Union upheld the EU’s 2008 decision to include aviation in the emissions trading scheme (ETS), beginning January 2012.  The EU has imposed a “cap and trade” system to account for the greenhouse gas emissions of commercial airlines operating at European airports.  The Court of Justice rejected claims by the Air Transport Association and several U.S. airlines that the ETS is inconsistent with prior agreements and international law.  For a summary of the court’s judgment, click here.  For a copy of the judgment, click here.

  • January 9 2012,
    Airport Law Alert No. 13


    This Airport Law Alert presents a 2011 year-in-review summarizing the federal court decisions; DOT and FAA decisions; regulations and guidance; and reports, studies and articles issued in 2011.  The Alert also contains an index of the key decisions, rules and publications issued in 2011, with citations to each source.

    Airport_Law_Alert_Jan_2012.pdf
    Download Now
  • August 3 2011,
    Airport Law Alert No. 12


    This Airport Law Alert summarizes the developments in airport law for the first half of 2011.  Topics include airport governance, recent decisions and pending cases, FAA decisions under FAR Part 16, legislative update, rules and guidance, studies and reports, and aviation-related climate change.  Links to underlying documents are provided where available.

    ala_7-11final.pdf
    Download Now