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W. Eric Pilsk
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W. Eric Pilsk

Partner

  • Airports|
  • Rail, Transit, Highways, and Infrastructure|
  • Litigation|
Washington, DC
202.355.0246C 240.893.3499
epilsk@kaplankirsch.com
  • Overview
  • Representative Experience
  • Resources and News
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Over three decades of litigation has taught me that there is no substitute for immersing myself into the case to master the law and the facts, regardless of the forum. Most of my cases involve novel legal issues, technical facts, and a high public profile. I collaborate closely with my client, experts, and the KKR team to present each case to the court and the public in the most understandable, compelling, and forceful manner.

For more than 30 years, Eric Pilsk has litigated disputes involving airports, transit agencies, and other public entities in state and federal courts of all levels, and before the Federal Aviation Administration and the Surface Transportation Board. Eric’s cases involve federal aviation laws, FAA grant obligations, airport noise, federal preemption, the ICC Termination Act, the National Trails System Act, NEPA, the Administrative Procedures Act, and other state and federal laws. Although many of Eric’s cases are resolved on summary judgment, Eric has acted as lead trial counsel in trials in state and federal courts and administrative agencies, including contested evidentiary hearings before the FAA in FAR Part 16 proceedings.

Eric’s appellate experience includes drafting numerous briefs to state and federal Courts of Appeals and the U.S. Supreme Court, as well as arguing cases in federal Courts of Appeals. Eric regularly is asked to draft amicus briefs on a wide range of environmental issues. In addition to litigation, Eric counsels clients on a range of regulatory and pre-litigation issues, including FAA AIP grant compliance matters, airport expansion projects, and rail corridor access issues.

Representative Experience

Southeastern Pennsylvania Transportation Authority (SEPTA) Commuter Service Passenger Easement Litigation, District of Columbia

Representing SEPTA in a dispute with Amtrak regarding the terms of SEPTA’s continued access to portions of the Northeast Rail Corridor and associated stations pursuant to the 3R Act, the 4R Act, the Final System Plan, and the Northeast Rail Service Act, and related transactions. The matter involved proceedings in the US District Court for the District of Columbia and the US Court of Appeals of the District of Columbia Circuit over ownership of a “Commuter Service Passenger Easement” and proceedings before the Surface Transportation Board regarding the compensation SEPTA pays Amtrak for use of the Northeast Corridor.

Gulf of Mexico Lease Sale 257 Litigation, District of Columbia

Drafted an amicus curiae brief on behalf of Members of Congress in support of environmental groups’ challenge to the Department of the Interior’s award of the largest oil and gas lease in the history of the Outer Continental Shelf Lands Act. The District Court found that the Department of the Interior had failed to correctly analyze the greenhouse gas emissions associated with the Lease 257, quoting Kaplan Kirsch & Rockwell’s amicus brief in support.

Santa Clara County Unleaded Avgas Issues, California

Representing Santa Clara County, California in connection with efforts to eliminate the sale of leaded Avgas at County-owned airports.

Chicago O'Hare International Airport Inverse Condemnation Litigation, Illinois

Represented the City of Chicago is a case brought by over 60 property owners seeking damages allegedly caused by noise and vibrations from aircraft using a new runway at Chicago O’Hare International Airport. After deposing all plaintiffs and conducting extensive document and expert discovery, the court entered summary judgment in favor of Chicago on statute of limitations grounds.

King Country Railbanking Matters, Washington

Represented King County, Washington in a series of challenges to King County’s efforts to develop recreational trails on railbanked right-of-way in both federal court and before the Surface Transportation Board.

Albuquerque ART Bus Rapid Transit Project, New Mexico

Represented the City of Albuquerque in a case brought by a number of citizens and citizen groups seeking to enjoin construction of a bus rapid transit project on historic Route 66 in Albuquerque, New Mexico. After expedited injunction proceedings and a four-day evidentiary hearing, the District Court denied the injunction and allowed the project to proceed. That decision was affirmed in an expedited appeal to the Tenth Circuit.

Philadelphia International Airport Capacity Enhancement Program, Pennsylvania

Represented the City of Philadelphia in litigation and FAA regulatory matters related to the implementation of the Capacity Enhancement Program at Philadelphia International Airport. Representation included defending the Environmental Impact Statement supporting the project and negotiating a complex, long-term settlement with neighboring jurisdictions.

Resources and News

News

Presentations

Publications

TRB Publications

  • City of San Antonio Prevails in Southwest Gate Dispute

    News | August 29, 2025
  • FAA Seeking Comments on How to Describe Local Noise Abatement Measure in the FAA’s Chart Supplement

    News | April 23, 2024
  • City & County of Denver Prevails in Denver International Airport Noise Litigation

    News | January 29, 2024
  • EPA Issues Leaded Aviation Fuel Endangerment Finding

    News | October 18, 2023
  • view all
  • 39th Annual Airport Law Workshop

    Presentations | October 15, 2023
  • Firm Attorneys Present at APTA 2023 Legal Affairs Seminar

    Presentations | April 2, 2023
  • Firm Attorneys Present at ACI 2023 Legal Affairs Conference

    Presentations | May 23, 2023
  • A Topical Review of Airport Law

    Presentations | February 15, 2023
  • view all
  • Airport Law Desk Reference (annual editions)

    Publications | December 31, 2020
  • Airport Law Alert: Airport Law in the Time of COVID-19

    Publications | May 6, 2020
  • ACRP Legal Research Digest 28: Operational and Legal Issues with Fuel Farms

    Publications | June 30, 2016
  • Recent Developments in Takings Litigation

    Publications | July 17, 2012
  • view all
  • ACRP Legal Research Digest 28: Operational and Legal Issues with Fuel Farms

    Publications | June 30, 2016

Recent and Reported Cases

Recent and Reported Decisions

  • National R.R. Passenger Corp. v. Southeastern Pennsylvania Transp. Auth., 56 F.4th 129 (D.C. Cir. 2022)
  • Friends of the Earth v. Haaland, 583 F. Supp.3d 113 (D.D.C. 2022)
  • Riser v. City of Chicago, Case No. 15 L 9955 (Dist. Ct., Cook County, Ill. Dec. 19, 2018)
  • Burgoyne, LLC v. Chicago Terminal RR Co., Case No. 2017 CH 06199 (Dist. Ct., Cook County, Ill. Dec. 18, 2018), aff’d, 154 NE 3d 775 (Ill. 2020)
  • Coalition of Concerned Citizens to Make Art Smart v. FTA and City of Albuquerque, 843 F. 3d 886 (10th Cir. 2016)
  • Ballard Terminal Railroad Company, LLC—Acquisition and Operation Exemption—Woodinville Subdivision, STB Docket No. FD 35731 (Surface Transportation Board Dec. 30, 2014)
  • Tinicum Township v. U.S. Dept of Transportation, 685 F.3d 288 (3d Cir. 2012)
  • Brotherhood of Locomotive Engineers and Trainmen v. Southern California Regional Railroad Authority, Case No. CV 09-8286 PA (C.D. Cal. June 30, 2010), appeal dismissed, Case No. 10-56197 (9th Cir. Jan. 2012)
  • Town of Barnstable, Massachusetts v. Federal Aviation Administration, 659 F.3d. 28 (D.C. Cir. 2011)
  • Trump v. Palm Beach County, Florida, Case No. 502010CA018444 (15th Cir. Fla. Aug. 30, 2011)
  • GNP Rly, Inc.—Acquisition and Operation Exemption—Redmond Spur and Woodinville Subdivision, STB Docket No. FD 35407 35731 (Surface Transportation Board June 15, 2011)
  • Osage Nation v. United States, 72 Fed. Cl. 629 (2006) and Osage Nation v. United States, 68 Fed. Cl. 322 (2005)
  • Tutor-Saliba Corp. v. City of Hailey, Idaho, 452 F.3d 1055 (9th Cir. 2005)
  • City of Naples Airport Authority v. FAA, F.3d 431 (D.C. Cir. 2005)
  • City of Burbank, California v. Burbank-Glendale-Pasadena Airport Authority, 72 Cal.App. 4th 366 (1999)
  • State of Kansas v. United States, 16 F.3d 436 (D.C. Cir. 1994)
  • Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993)

Primary Sidebar

Practices

  • Airport Environmental Impacts and Conformity
  • Airport Litigation
  • Airports
  • Airspace
  • Aviation Bankruptcy
  • Community Representation
  • Environmental Litigation
  • Financial Matters
  • Grant Assurance Compliance
  • Litigation
  • Noise
  • Rail and Transit Litigation
  • Rail, Transit, Highways, and Infrastructure
  • Railbanking
  • Rules and Regulations and Minimum Standards

Education

  • J.D., Vanderbilt Law School, 1988
  • B.A., Wesleyan University, College of Letters, with honors, 1983

Bar & Court Admissions

Bar Admissions

  • Virginia, 1988
  • District of Columbia, 1989
  • Colorado, 2017

Court Admissions

  • U.S. Supreme Court, 1993
  • U.S. Court of Appeals, Tenth Circuit, 2016
  • U.S. District Court, Eastern District, Michigan, 2015
  • U.S. District Court, Colorado, 2012
  • U.S. Court of Appeals, Third Circuit, 2011
  • U.S. Court of Appeals, Second Circuit, 2010
  • U.S. Court of Appeals, Fourth Circuit, 2009
  • U.S. Court of Appeals, Ninth Circuit, 2004
  • U.S. Court of Appeals, Eighth Circuit, 1999
  • U.S. Court of Appeals, District of Columbia, 1993
  • U.S. Court of Federal Claims, 1992
  • U.S. District Court, District of Columbia, 1991
  • U.S. District Court, Eastern District, Virginia, 1989

W. Eric Pilsk's Projects

  • Hollywood Burbank Airport

    California
  • NextGen Flight Patterns at Phoenix Sky Harbor Airport

    Arizona
  • Albuquerque Rapid Transit (ART) BRT

    New Mexico
  • East Side Rail-to-Trail Corridor

    Washington
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