On July 12, 2013, the U.S. Court of Appeals rejected a petition by Helicopter Association International (HAI) challenging the FAA’s decision to impose mandatory helicopter routes along the north shore of Long Island, New York.  FAA issued a final rule in 2012 requiring helicopter pilots to use a route one mile off the northern shore of Long Island.  Use of the route was recommended, but voluntary, prior to the final rule.  HAI principally challenged the FAA’s authority to impose a mandatory route in response to noise complaints from local residents.  The court determined that the FAA was authorized to impose routes in the interest of protecting homeowners from excessive noise and that the complaints and other noise data were sufficient evidence of a noise problem.

On July 3, 2013, the Department of Transportation (DOT) issued an order dismissing all claims remaining in a longstanding dispute involving fees imposed by regulation at Los Angeles International Airport (LAX).  Several airlines operating at LAX initially challenged the fees in an administrative proceeding filed in 2007.  Both DOT and the U.S. Court of Appeals found fault with certain aspects of how LAWA had calculated the fees, and the matter had been remanded to DOT for further consideration.  LAWA ultimately negotiated agreements with the airlines over fees, in which the parties also agreed that the claims challenging the prior fees were moot.  Upon motions of the parties, DOT dismissed the claims of the airlines with prejudice and terminated the proceeded.

The Firm has been assisting the artists Christo and Jeanne-Claude with obtaining necessary approvals for their proposed work of art: Over The River^TM.  A recent article in The Washington Post describes the recent decision by the Interior Board of Land Appeals rejecting arguments that the BLM did not fully consider impacts of Over The River^TM before granting a permit.

Bill Silberstein was quoted in the “Credits and Incentives” section of Tax Management Inc. regarding Colorado Conservation Easement Tax Credit Stories.

Tax Management Inc., a subsidiary of the Bureau of National Affairs, Inc., published an article in the Credits & Incentives section entitled “Review of Conservation Credit Better Aligned with Colorado Agency Expertise and Cap on Colorado Income Tax Credits.”  Firm partner Bill Silberstein is quoted in the article on page 18 of the publication.

On June 13, 2013, the United States Supreme Court struck down certain provisions of a concession agreement between the Port of Los Angeles and trucking companies operating at the Port.  In American Trucking Associations, Inc. v. City of Los Angeles, the court held that two provisions of the concession agreement are preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA).  This case is of interest to the airport and aviation industry because the FAAAA preemption provision is very similar to the preemption provision in the Airline Deregulation Act and because airports regulate tenants and users in a similar way to how the Port of L.A. imposed requirements on trucking companies.  ACI-NA submitted an amicus brief, prepared by the Firm.  The court reversed the District Court and the Ninth Circuit in finding that the requirements were covered by the FAAAA in light of the Port’s use of criminal penalties to coerce compliance with the concession agreements.

We are excited to share that the following attorneys were recently selected for inclusion in Chambers USA 2013:

• Polly Jessen for Natural Resources & Environment – Band 3
• Steve Kaplan for Real Estate: Zoning/Land Use – Band 1
• Sarah Rockwell for Real Estate: Zoning/Land Use – Band 1

Chambers USA compiles its rankings based on the research of more than 170 editors and researchers who talk to lawyers and attorneys all the year round, condutitng in-depth interviews.

On May 28, 2013, the Colorado Supreme Court struck down a challenge to Colorado’s education finance system.  The case originated in 2005 when a group of school districts, parents, and students brought suit against the state.  In 2011, the Denver District Court ruled for the plaintiffs, finding that the finance system was not rationally related to providing a “thorough and uniform” system of public education as required by the Colorado Constitution.  During the appeal to the Colorado Supreme Court, the Colorado Boards of Cooperative Education Services Association, Colorado Rural Caucus, and the Rural School and Community Trust filed an amicus brief in support of the plaintiffs, authored by the Firm.  Dissents by Chief Justice Michael Bender and Justice Gregory Hobbs highlighted many of the issues discussed in the amicus brief.

On April 9, 2013, the U.S. Court of Appeals for the Second Circuit dismissed a challenge to an FAA letter to the City of New York concerning the planned waste transfer station near LaGuardia Airport.  In the letter, the FAA endorsed the findings of a blue-ribbon panel of experts and recommended that the City implement the panel’s recommendations for mitigating wildlife hazards associated with the transfer station.  The court held that the letter was not a reviewable final order and therefore, the court lacked jurisdiction to consider the petition for review.

On April 5, 2013, the FAA released a statement announcing that it would delay closure of 149 federal contract air traffic control towers until June 15, 2013.  The FAA explained that the delay would give the FAA time to attempt to resolve several legal challenges to the planned closures and give airports time to decide whether to assume responsibility for funding tower operations.  Kaplan Kirsch & Rockwell filed suit on behalf of over 10 airports challenging the planned closures; more than 20 airports and airport organizations nationwide filed suit.  For further information about the litigation, please contact Peter Kirsch.