Kaplan Kirsch has represented Snohomish County, Washington, in suburban Seattle for more than a decade on airport regulatory, noise, and development matters. That relationship begin in the mid-2000s, when the County was approached by an airline about building a new passenger terminal to introduce passenger airline service at Paine Field. The Firm represented Snohomish County in preparing the federal environmental documentation (and later in assisting with the successful defense of an environmental assessment (EA) in federal court) and in its negotiations with carriers for introduction of commercial service. From there, the Firm led the County’s negotiations with Propeller Airports on its proposal for a public-private partnership for the development, construction, financing, and operation of the new passenger terminal. At the request of both the County and Propeller Airports, the Firm then shifted to represent Propeller Airports in its successful negotiations among carriers and other terminal service providers and in securing the federal approvals necessary for the new terminal to proceed. The terminal opened in March 2019 with 24 flights from two carriers serving destinations across the western United States, and the entire terminal was fully subscribed on opening day.
The Paine Field Terminal is the first effort by an airport proprietor to contract for a privately designed, built, financed, operated, and maintained passenger terminal within the United States. While there are other national, privately developed terminals, Snohomish County is the first to contract with the private sector to provide the commercial passenger function of an entire airport.