Firm attorneys presented at the 2021 Airports Council International (ACI) Annual Conference & Exhibition in Reno, Nevada. The conference takes place from November 6th through 9th and includes pre-conference workshops including airport management, including the environment, legal, finance, infrastructure and planning, and more. See the various sessions below and find out more about the conference here.
Sunday, November 7, 2021
Operations, Planning, Safety, Infrastructure, & Development Committee
9:00 AM – 10:00 AM
Is Section 163 Living Up to its Promises?
Section 163 is a provision in the 2018 FAA Reauthorization Act that was intended to provide U.S. airports with both flexibility and relief from federal regulatory oversight for nonaeronautical projects on non-federally obligated land. With its introduction, the FAA has developed new and sometimes onerous oversight and approval processes that have made use of the provision difficult. We’ll discuss ways airports and the consulting community have found to address these difficulties as well as ACI-NA efforts to improve Section 163 processes with the FAA.
Moderator: Steve Southers, San Antonio International Airport
Speakers: Peter Kirsch, Kaplan, Kirsch, & Rockwell
Kelly Moulton, C&S Companies
Legal Affairs Committee
10:30 AM – 12:00 PM
Roundtable Discussion
A discussion of current issues of interest to airport lawyers. Topics may include: persons experiencing homelessness on airport property, facial recognition and other uses of biometrics, sustainable alternative jet fuels, fuel supply and pipeline infrastructure, supersonics, Safety Management Systems, and other topics raised by the audience.
Moderator: Cameron Boyd, General Counsel, Metropolitan Airports Commission
Speakers: David Bannard, Kaplan Kirsch & Rockwell
Amy Gonzalez, San Diego International Airport
John McLaughlin, Port of Seattle
Joseph Huber, Cincinnati/Northern Kentucky International Airport
Daniel Markind, Flaster Greenberg PC
Tim Filer, Foster Garvey PC
1:15 PM – 2:45 PM
Airport Use Agreements and Airline Consortia
The panel will discuss the effects of the pandemic on AUAs, AULAs, and consortia agreements at large, medium and small hubs, including issues arising from changed airline service, adjustments to rate formulas, terminal space reallocation, etc.
Moderator: Mina Makarious, Partner, Anderson & Kreiger LLP
Speakers: Eric Smith, Kaplan Kirsch Rockwell
Christopher Schmaltz, Tucson Airport Authority
Michele Allen-Heart, New Orleans Aviation Board
Rafael Hernandez, Morrison & Foerster LLP
1:00 PM – 2:30 PM
Airport Concessions and Other Emerging Business Models
The panel will explore the changing business relationships between airport operators, concessionaires, and other providers of goods and services to the public. The discussion will cover legal issues arising out of financial relief provided to airport businesses during the pandemic, emerging trends and business models, new revenue sources that are not passenger driven, and new financial arrangements.
Moderator: Yovannie Rodriguez, Chief Administrative Officer, Greater Orlando Aviation Authority
Speakers: David Bannard, Kaplan Kirsch Rockwell
Erin Locklear, Raleigh-Durham Airport Authority
Leila Lahbabi, City of Charlotte Aviation Department
Amy Gonzalez, San Diego International Airport
Carolina Potts, City of Phoenix Law Department
3:00 PM – 4:30 PM
Airport Land Use Issues
The FAA Reauthorization Act of 2018 included a provision (Section 163) limiting FAA’s jurisdiction over the acquisition, use, and disposal of airport land, and over the development of airport facilities. The panel will explore challenges that airports are experiencing with FAA’s implementation of Section 163, including project delays, and will provide good practices for airport attorneys.
Moderator: Brian Werst, Partner, Witherspoon Brajcich McPhee, PLLC; General Counsel, Spokane International Airport
Speakers: Catherine van Heuven, Kaplan Kirsch Rockwell
Peter Pierotti, City of Albuquerque Aviation Department
Dan Reimer, DSR LLC