Legal Research Digest 1 AIRPORT COOPERATIVE RESEARCH PROGRAM Sponsored by the Federal Aviation Administration January 2008 Subject Areas: IA Planning and Administration; IB Energy and Environment; IC Transportation Law; V Aviation TRANSPORTATION RESEARCH BOARD OF THE NATIONAL ACADEMIES COMPILATION OF AIRPORT LAW RESOURCES This report was prepared under ACRP Project 11-01, “Legal Aspects of Airport Programs,” for which the Transportation Research Board (TRB) is the agency coordinating the research. The report was prepared by Daniel Reimer, Kaplan Kirsch & Rockwell LLP, Denver, Colorado. James B. McDaniel, TRB Counsel for Legal Research Projects, was the principal investigator and content editor. The Problem and Its Solution There are over 4,000 airports in the country and most of these airports are owned by governments. A 2003 survey conducted by Airports Council International–North America concluded that city ownership accounts for 38%, followed by re- gional airports at 25%, single county at 17%, and multi-jurisdictional at 9%. Primary legal services to these airports are, in most cases, provided by municipal, county, and state attorneys. Reports and summaries produced by the Air- port Continuing Legal Studies Project and pub- lished as ACRP Legal Research Digests are de- veloped to assist these attorneys seeking to deal with the myriad of legal problems encountered during airport development and operations. Such substantive areas as eminent domain, environ- mental concerns, leasing, contracting, security, insurance, civil rights, and tort liability present cutting-edge legal issues where research is use- ful and indeed needed. Airport legal research, when conducted through the TRB’s legal studies process, either collects primary data that usually are not available elsewhere or performs analysis of existing literature. Applications The review, analysis, and commentary of airport- related legal issues appear in any number of jour- nals, newsletters, databases, loose-leaf services, and books. Westlaw and Lexis, for example, pro- vide some of this information in searchable data- bases for legal and news sources. The Lexis and Westlaw databases do not allow users to browse current publications in order to survey new de- velopments in airport-related legal issues. Nei- ther database provides a complete bibliography identifying the sources for research into airport- related legal issues. As a result, airport lawyers do not have at their disposal a definitive list of sources they may consult when researching airport-related legal issues or keeping informed of airport-related legal scholarship and develop- ments. The object of this project is to develop a list or an index of legally related topics, substantive ar- eas, and/or issues that airport attorneys encoun- ter and to develop an index and a bibliography of sources that airport lawyers may consult for purposes of research or for purposes of keeping informed of developments in airport-related le- gal issues. These sources may be Web-based or in print; they may be published as part of a series (such as a newsletter or law review) or in single issues. The digest should be usable by and useful to city, county, state, and regional airport admin- istrators, attorneys, program development offi- cials, and financial and operational officers. CONTENTS I. Introduction 1 II. Federal Resources for Conducting Research on Airport Law Topics and Monitoring Developments 2 Statutory Materials— United States Code, Title 49 2 Legislative Process 2 Regulations—Code of Federal Regulations (C.F.R.), Title 14 and Title 49 2 Rulemaking 4 Caselaw Reporters and Case Compilations 4 DOT/FAA Compilations 5 Secondary Sources 5 Nonlegal Periodicals 6 Government and Public Entities with Relevant Publications 6 State Transportation Agencies 7 Responsible Senior Program Officer: Gwen Chisholm Smith
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Legal Research Digest 1
AIRPORT COOPeRATIve ReseARCh PROgRAmsponsored by the Federal Aviation Administration
January 2008
Subject Areas: IA Planning and Administration; IB Energy and Environment; IC Transportation Law; V Aviation
TRANsPORTATION ReseARCh BOARDOF THE NATIONAL ACADEMIES
ComPILATIon of AIrPorT LAw rESourCES
This report was prepared under ACRP Project 11-01, “Legal Aspects of Airport Programs,” for which the Transportation Research Board (TRB) is the agency coordinating the research. The report was prepared by Daniel Reimer, Kaplan Kirsch & Rockwell LLP, Denver, Colorado. James B. mcDaniel, TRB Counsel for Legal Research Projects, was the principal investigator and content editor.
The Problem and Its SolutionThere are over 4,000 airports in the country and most of these airports are owned by governments. A 2003 survey conducted by Airports Council International–North America concluded that city ownership accounts for 38%, followed by re-gional airports at 25%, single county at 17%, and multi-jurisdictional at 9%. Primary legal services to these airports are, in most cases, provided by municipal, county, and state attorneys.
Reports and summaries produced by the Air-port Continuing Legal Studies Project and pub-lished as ACRP Legal Research Digests are de-veloped to assist these attorneys seeking to deal with the myriad of legal problems encountered during airport development and operations. Such substantive areas as eminent domain, environ-mental concerns, leasing, contracting, security, insurance, civil rights, and tort liability present cutting-edge legal issues where research is use-ful and indeed needed. Airport legal research, when conducted through the TRB’s legal studies process, either collects primary data that usually are not available elsewhere or performs analysis of existing literature.
ApplicationsThe review, analysis, and commentary of airport-related legal issues appear in any number of jour-nals, newsletters, databases, loose-leaf services,
and books. Westlaw and Lexis, for example, pro-vide some of this information in searchable data-bases for legal and news sources. The Lexis and Westlaw databases do not allow users to browse current publications in order to survey new de-velopments in airport-related legal issues. Nei-ther database provides a complete bibliography identifying the sources for research into airport-related legal issues. As a result, airport lawyers do not have at their disposal a definitive list of sources they may consult when researching airport-related legal issues or keeping informed of airport-related legal scholarship and develop-ments.
The object of this project is to develop a list or an index of legally related topics, substantive ar-eas, and/or issues that airport attorneys encoun-ter and to develop an index and a bibliography of sources that airport lawyers may consult for purposes of research or for purposes of keeping informed of developments in airport-related le-gal issues. These sources may be Web-based or in print; they may be published as part of a series (such as a newsletter or law review) or in single issues.
The digest should be usable by and useful to city, county, state, and regional airport admin-istrators, attorneys, program development offi-cials, and financial and operational officers.
CONTeNTs
I. Introduction 1
II. Federal Resources for Conducting Research on Airport Law Topics and Monitoring Developments 2
Statutory Materials— United States Code, Title 49 2
Legislative Process 2
Regulations—Code of Federal Regulations (C.F.R.), Title 14 and Title 49 2
Rulemaking 4
Caselaw Reporters and Case Compilations 4
DOT/FAA Compilations 5
Secondary Sources 5
Nonlegal Periodicals 6
Government and Public Entities with Relevant Publications 6
State Transportation Agencies 7
responsible Senior Program officer: Gwen Chisholm Smith
III. Index of Airport Law Topics and Federal Sources 10
Access Restrictions 10
Air Quality 12
Airport Layout Plans 12
Airport Operating Certificates 13
Antitrust 13
Bankruptcy 14
Capital Projects 14
Closure 15
Competition 15
Development and Planning 16
Disadvantaged Business Enterprise 16
DOT Act Section 4(f) 17
Environmental Review 17
Exclusive Rights 20
Expansion 20
Finance 20
FirstAmendment 23
Grant Assurances 25
Ground Access 27
Height Restrictions 29
LandAcquisition 30
Liability 30
Local Land Use Regulation 31
MinimumStandards 32
NEPA 33
Noise 33
NoiseRules 34
Obstructions 34
PassengerFacilityCharge 35
Preemption 35
RatesandCharges 35
Revenue Use andDiversion 35
Security 36
SponsorAssurances 36
Zoning 36
CONTeNTs (cont’d)
Notice to ReadersThe PDF version of ACRP Legal Research Digest 1 will include links to the Internet resources contained in this digest. The Web addresses provided were correct as of report submission in December 2007. The PDF version can be accessed at http://trb.org/news/blurb_detail.asp?id=8518.
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I. INTRODUCTION
Airport law is a recognizable legal discipline. The statutes, regulations, and federal policies governing the operation of airports are distinct from rules governing other land uses and modes of transit. Partly as a result, the application of Constitutional principles and generally-applicable statutory requirements to airports has developed into its own body of law.
Although practitioners may recognize the unique nature of airport law, its sources are widely
dispersed. There are no case-comprehensive reporters, digests, treatises, or similar documents dedicated to airport law. Nor are there any comprehensive databases or compilations available online. While airport law sometimes is considered a subspecies of aviation law, its treatment in aviation law resources is incomplete.
One consequence of this dispersion of knowledge is that a lawyer conducting research on
airport law typically must consult multiple sources to gather information. Researchers may never be sure that the inquiry was comprehensive.
This digest is one attempt to remedy this problem. This digest includes over 500 federal
sources, indicating where those sources can be found online or in case reporters. Section I identifies the relevant statutes, regulations, case law databases, secondary sources, periodicals, and state aviation departments. Airport law practitioners might consult these sources to familiarize themselves with a particular subject or to stay abreast of developments. Section II is a topical index containing the statutes, regulations, federal policies, reports, articles, and cases relevant to a particular subject. Airport law practitioners might consult these sources when initiating research on a particular topic and to ensure that their research conducted through other methods is comprehensive.
The limits of this digest are equally important. The digest does not include state materials,
many U.S. Department of Transportation (DOT) and Federal Aviation Administration (FAA) administrative decisions (some of which are intended to be included in a separate legal research digest), or generally-applicable sources that may be consulted in the practice of airport law (e.g., government contracting, environmental management). This digest is current only through the date of publication. Moreover, although this report is intended to provide a list of resources, the report may not include every case or document relevant to a particular subtopic.
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II. FEDERAL RESOURCES FOR CONDUCTING RESEARCH ON AIRPORT LAW TOPICS AND MONITORING DEVELOPMENTS
Statutory Materials—United States Code, Title 49
Title 49, Chap. 401 (General Provisions)
Title 49, Chap. 417 (Operations of Carriers)
Title 49, Chap. 449 (Security)
Title 49, Chap. 461 (Investigations and Proceedings)
Title 49, Chap. 463 (Penalties)
Title 49, Chap. 471 (Airport Development)
Title 49, Chap. 475 (Noise)
Title 49, Chap. 481 (Airport and Airway Trust Fund Authorizations)
All statutory materials available through the following Web sites: Government Printing Office (http://www.gpo.gov), U.S. House of Representatives (http://uscode.house.gov/ ), Cornell University Law School Legal Information Institute (http://www.law.cornell.edu/uscode/), Findlaw (http://www.findlaw.com)
Legislative Process
The Library of Congress (THOMAS) http://thomas.loc.gov/
U.S. House of Representatives, Transportation and Infrastructure Committee; Subcommittee on Aviation
http://transportation.house.gov/
U.S. Senate, Committee on Commerce, Science, and Transportation; Subcommittee on Aviation Operations, Safety, and Security
http://commerce.senate.gov/public/
Regulations—Code of Federal Regulations (C.F.R.), Title 14 and Title 49
14 C.F.R. Part 1 (Definitions and abbreviations)
14 C.F.R. Part 13 (Investigative and enforcement procedures)
14 C.F.R. Part 16 (Rules of practice for federally-assisted airport enforcement proceedings) 14 C.F.R. Part 18 (Uniform Rules of Grant Administration)
14 C.F.R. Part 21 (Certification procedures for products and parts)
All regulatory materials available through the Government Printing Office: http://www.gpoaccess.gov/C.F.R./index.html; http://eC.F.R..gpoaccess.gov
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Regulations—Code of Federal Regulations (C.F.R.), Title 14 and Title 49
14 C.F.R. Part 36 (Noise standards: Aircraft type and airworthiness certification)
14 C.F.R. Part 71 (Designation of class A, B, C, D, and E airspace areas: air traffic service routes; and reporting points)
14 C.F.R. Part 77 (Objects affecting navigable airspace)
14 C.F.R. Part 91 (General operating and flight rules)
14 C.F.R. Part 139 (Certification of airports)
14 C.F.R. Part 150 (Airport noise compatibility planning)
14 C.F.R. Part 155 (Release of airport property from surplus property disposal restrictions) 14 C.F.R. Part 156 (State Block Grants)
14 C.F.R. Part 157 (Notice of construction, alteration, activation, and deactivation of airports)
14 C.F.R. Part 158 (Passenger facility charges (PFC’s))
14 C.F.R. Part 161 (Notice and approval of airport noise and access restrictions)
14 C.F.R. Part 300 (Rules of conduct in DOT proceedings under this chapter)
14 C.F.R. Part 302 (Rules of practice in proceedings) 49 C.F.R. Part 18 (Uniform Administrative Requirements for Grants and Cooperative Agreement to State and Local Governments)
49 C.F.R. Part 23 (Participation of disadvantaged business enterprise in airport concessions)
49 C.F.R. Part 26 (Participation by disadvantaged business enterprises in DOT financial assistance programs)
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Regulations—Code of Federal Regulations (C.F.R.), Title 14 and Title 49
49 C.F.R. Part 1520 (Protection of sensitive security information)
49 C.F.R. Part 1540 (Civil aviation security: general rules)
49 C.F.R. Part 1542 (Airport security)
Rulemaking
Federal Register http://www.gpoaccess.gov/fr/index.html
Tom Devine, The Naples Decision: Sound Public Policy?
20 Air and Space Lawyer 4 (Summer 2005)
Aimee Kratovil, The Airport Noise and Capacity Act of 1990: Superfluous Hurdle for Airport Proprietors Who Have Assured Federal Grants
12 Penn St. Envtl. L. Rev. 499 (2004)
Paul Stephen Dempsey, Local Airport Regulation: The Constitutional Tension Between Police Power, Preemption & Takings
11 Penn St. Envtl. L. Rev. 1 (2002)
Peter J. Kirsch & Daniel S. Reimer, The Airport Noise Act: Safe Harbor or Procedural Hurdle
16 Air and Space Lawyer 14 (Spring 2002)
Peter D. Irvine, The Future of Stage 2 Noise Restrictions: A Matter of Substantive Versus Procedural Review by the Federal Aviation Administration
11 Geo. Mason L. Rev. 179 (2002)
John J. Jenkins, The Airport Noise and Capacity Act of 1990: Has Congress Finally Solved the Aircraft Noise Problem
59 J. Air L. & Com. 1023 (1994)
Kaplan Kirsch & Rockwell and Harris Miller Miller & Hanson, Inc., Guide to Airport Noise Rules and Use Restrictions
Available to order at http://www.airportattorneys.com
Air Transport Ass’n v. Crotti 389 F. Supp. 58 (N.D. Cal. 1975)
American Airlines v. DOT 202 F.3d 788 (5th Cir. 2000)
American Airlines v. Town of Hempstead 398 F.2d 369 (2d Cir. 1968)
Arapahoe County Pub. Airport Auth. v. FAA (on review of FAA decision in Arapahoe County Pub. Airport Auth. v. Centennial Express Airlines, Inc. 956, P.2d 587 (Colo. 1998))
242 F.3d 1213 (10th Cir. 2001)
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Access Restrictions (See also Noise, Preemption)
Arrow Air, Inc. v. Port Auth. of New York and New Jersey
602 F. Supp. 314 (S.D.N.Y. 1985)
British Airways Board v. Port Auth. of New York and New Jersey
U.S. Government Accountability Office (GAO) Report, Aviation and the Environment: Strategic Framework Needed to Address Challenges Posed by Aircraft Emissions (2003)
http://www.gao.gov/new.items/d03252.pdf
American Association of Airport Executives (AAE) and Kaplan Kirsch & Rockwell, An Introduction to Airport Air Quality Law (2005)
Available to order at http://www.kaplankirsch.com
California ex. rel. State Air Resources Board v. Dep’t of the Navy
431 F. Supp. 1271 (N.D. Cal. 1977)
Conservation Law Foundation v. Busey 79 F.3d 1250 (1st Cir. 1996)
Airport Layout Plans (See also Environmental Review)
49 U.S.C. § 47107(a)(16)
FAA Order 5100.38C, Airport Improvement Program Handbook (2005)
DOT, Enforcement Policy Regarding Unfair Exclusionary Conduct in the Air Transportation Industry: Findings and Conclusions on the Economic, Policy, and Legal Issues, Docket OST-98-3713 (2001)
Air Transport Ass’n of America v. City of Los Angeles Aloha Airlines, Inc. v. Director of Taxation of Hawaii
844 F. Supp. 550 (C.D. Cal. 1994) 464 U.S. 7, 104 S. Ct. 291, 78 L. Ed. 2d 10 (1983)
Arrow Airways, Inc. v. Dade County 749 F.2d 1489 (11th Cir. 1985)
Branson v. Port of Seattle 152 Wash. 2d 862, 101 P. 3d 67 (2004)
City and County of Denver v. Continental Air Lines, Inc.
712 F. Supp. 834 (D. Colo. 1989)
City of Los Angeles v. FAA 239 F.3d 1033 (9th Cir. 2001)
City of Los Angeles v. DOT (on review of DOT decision in Los Angeles Int’l Airport Rates Proceeding; Second Los Angeles Int’l Airport Rates Proceeding)
103 F.3d 1027 (D.C. Cir. 1997)
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Finance
Evansville-Vanderburgh Airport Auth. Dist. v. Delta Airlines
405 U.S. 707, 92 S. Ct. 1349, 31 L. Ed. 2d 620 (1972), superseded by statute, Airport Development Acceleration Act of 1973, 49 U.S.C. § 1513, as recognized in Aloha Airlines v. Dir. of Taxation, 464 U.S. 7, 9 (1983)
Illinois Department of Transportation v. Hinson 122 F.3d 370 (7th Cir. 1997)
Indianapolis Airport Authority v. American Airlines, Inc.
733 F.2d 1262 (7th Cir. 1984). (Overruled by Northwest Airlines v. County of Kent 510 U.S. 355, 114 S. Ct. 855, 127 L. Ed. 2d 183 (1994)
Interface Group v. Mass. Port Auth. 816 F.2d 9 (1st Cir. 1987)
In re Menier 59 B.R. 588 (Bankr. N.D. Ohio 1986)
Miller Aviation v. Milwaukee County Bd. of Supervisors
273 F.3d 722 (7th Cir. 2001)
New England Legal Foundation v. Massachusetts Port Authority
883 F.2d 157 (1st Cir. 1989)
Niagara Frontier Transp. Auth. v. Eastern Airlines, Inc.
658 F. Supp. 247 (W.D.N.Y. 1987)
Northwest Airlines, Inc. v. County of Kent 510 U.S. 355, 114 S. Ct. 855, 127 L. Ed. 2d 183 (1994)
Northwest Airlines, Inc. v. FAA 14 F.3d 64 (D.C. Cir. 1994)
Northwest Airlines, Inc. v. Minnesota 322 U.S. 292, 64 S. Ct. 950, 88 L. Ed. 1283 (1944)
Office of Hawaiian Affairs v. State 133 P.3d 767 (Haw. 2006)
Port Auth. of N.Y. & N.J. v. DOT (on review of DOT decision in Brendan Airways, LLC v. Port Auth. of N.Y. & N.J.)
479 F.3d 21 (D.C. Cir. 2007)
Raleigh-Durham Airport Auth. v. Delta Air Lines, Inc.
429 F. Supp. 1069 (E.D.N.C. 1976)
Richland-Lexington Airport Dist. v. American Airlines, Inc.
306 F. Supp. 2d 548 (D.S.C. 2002)
Rocky Mtn. Airways, Inc. v. County of Pitkin Salem Transp. Co. of New Jersey v. Port Authority of N.Y. & N.J.
674 F. Supp. 312 (D. Colo. 1987) 611 F. Supp. 254 (S.D.N.Y. 1985)
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Finance
Sea Air Shuttle Corp. v. Virgin Islands Port. Auth. Southeast Queens Concerned Neighbors, Inc. v. FAA
800 F. Supp. 293 (D. Virgin Is. 1992) 229 F.3d 387 (2d Cir. 2000)
Southern Airways v. City of Atlanta 428 F. Supp. 1010 (N. D. Ga. 1977)
Sw. Air Ambulance, Inc. v. City of Las Cruces 268 F.3d 1162 (10th Cir. 2001)
Transport Limousine of Long Island v. Port Auth. of N.Y. & N.J.
571 F. Supp. 576 (E.D.N.Y. 1983)
Village of Bensenville v. FAA 376 F.3d 1114 (D.C. Cir. 2004)
Alaska Airlines v. Los Angeles World Airport Order 2007-6-8, Docket No. OST-2007-27331, 2007, DOT Av LEXIS 437 (June 15, 2007) on appeal
Puerto Rico Ports Auth. Rates Proceeding Order 95-5-13, Docket No. 50178, 1995 DOT Av LEXIS 313 (May 11, 1995)
Transworld Airlines, Inc. v. City and County of Denver
Order 95-7-27, Docket No. 50414, 1995 DOT Av LEXIS 456 (July 21, 1995)
First Amendment
Air Line Pilots Ass’n, Int’l v. Dep’t of Aviation of the City of Chicago
45 F.3d 1144 (7th Cir. 1995)
Atlanta Journal and Constitution v. City of Atlanta Dep’t of Aviation
107 F. Supp. 2d 1375 (N.D. Ga. 2000), aff’d, 277 F.3d 1322 (11th Cir. 2002), vacated in part and aff’d in part on reh’g en banc, 322 F.3d 1298 (2003), aff’d by 442 F.3d 1283 (11th Cir. 2006)
Beauharnais v. People of State of Ill. 343 U.S. 250, 72 S. Ct. 725, 96 L. Ed. 919 (1952)
Brandenburg v. Ohio 395 U.S. 444, 89 S. Ct. 1827, 23 L. Ed. 2d 430 (1969)
Brashich v. Port Auth. 484 F. Supp. 697 (S.D.N.Y. 1979)
Capital Leasing of Ohio, Inc. v. Columbus Mun. Airport Auth.
13 F. Supp. 2d 640 (S.D. Ohio 1999)
Ctr. Bioethical Reform, Inc. v. City and County of Honolulu
455 F.3d 910 (9th Cir. 2006)
Chaplinsky v. State of New Hampshire 315 U.S. 568, 62 S. Ct. 766, 86 L. Ed. 1031 (1942)
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First Amendment
Christian Sci. Reading Room Jointly Maintained v. Airports Comm’n
792 F.2d 124 (9th Cir. 1986)
County of Allegheny v. Am. Civil Liberties Union 492 U.S. 573, 109 S. Ct. 3086, 106 L. Ed. 2d 472 (1989)
Cox v. State of La. 379 U.S. 559, 85 S. Ct. 476, 13 L. Ed. 2d 487 (1965)
Freedman v. Maryland 380 U.S. 51, 85 S.Ct. 734, 13 L.Ed. 2d 649 (1965)
Gannett Satellite Information Network, Inc. v. Berger
894 F.2d 61 (3d Cir. 1990)
Gaudiya Vaishnava Soc’y v. City and County of San Francisco
952 F.2d 1059 (9th Cir. 1991)
Good News Club v. Milford Cent. Sch. 533 U.S. 98, 121 S. Ct. 2093, 150 L. Ed. 2d 151 (2001)
Greer v. Spock 424 U.S. 828, 96 S. Ct. 1211, 47 L. Ed. 2d 505 (1976)
Grutzmacher v. County of Clark 33 F. Supp. 2d 896 (D. Nev. 1999)
Hawley v. City of Cleveland 24 F.3d 814 (6th Cir. 1994)
Int’l Soc’y for Krishna Consciousness, Inc. v. Lee 505 U.S. 672, 112 S. Ct. 2701, 120 L. Ed. 2d 541 (1992)
Int’l Soc’y for Krishna Consciousness, Inc. v. Los Angeles
966 F. Supp. 956 (C.D. Cal. 1997)
Int’l Soc’y for Krishna Consciousness of Missouri, Inc. v. City of St Louis
890 S.W.2d 660 (Mo. Ct. App. E.D. 1994)
ISKCON Miami, Inc. v. Metro. Dade County 147 F.3d 1282 (11th Cir. 1998)
Jews for Jesus, Inc. v. Port of Portland, Or. DC No. CV 04-00695 HU 2005 (D. Or. 2005), WL 1109698 aff’d by 172 Fed. App’x. 760 (9th Cir. 2006)
Lee v. Int’l Soc’y for Krishna Consciousness, Inc. 505 U.S. 830, 112 S. Ct. 2709, 120 L. Ed. 2d 669 (1992)
Lemon v. Kurtzman 403 U.S. 602, 91 S. Ct. 2105, 29 L. Ed. 2d 745 (1971)
Multimedia Publ’g Co. of South Carolina v. Greenville-Spartanburg Airport
991 F.2d 154 (4th Cir. 1993)
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First Amendment
Park Shuttle N Fly, Inc. v. Norfolk Airport Auth. 352 F. Supp. 2d 688 (E.D. Va. 2004)
Perry Educ. Assn. v. Perry Local Educators' Assn.
460 U.S. 37, 103 S. Ct. 948, 74 L. Ed. 2d 794 (1983)
Phoenix Newspapers, Inc. v. Tucson Airport Auth.
842 F. Supp. 381 (D. Ariz. 1993)
Schenck v. Pro-Choice Network of Western New York
519 U.S. 357, 117 S. Ct. 855, 137 L. Ed. 2d 1 (1997)
Springfield v. San Diego Unified Port Dist. 950 F. Supp. 1482 (S.D. Cal. 1996)
Storti v. Se. Transp. Auth. 1999 U.S. Dist. LEXIS 14515 (E.D. Pa. 1999)
Times Film Corp. v. City of Chicago 365 U.S. 43, 81 S. Ct. 391, 5 L. Ed. 2d 403 (1961)
United States v. Kokinda 497 U.S. 720, 110 S. Ct. 3115, 11 L. Ed. 2d 571 (1990)
Vill. of Schaumburg v. Citizens for a Better Env’t 444 U.S. 620, 100 S. Ct. 826, 63 L. Ed. 2d 73 (1980)
Wickersham v. City of Columbia, Mo. 371 F. Supp. 2d 1061 (W.D. Mo. 2005)
Grant Assurances
49 U.S.C. § 47107
14 C.F.R. Part 16 (Rules of practice for federally-assisted airport enforcement proceedings)
American Association of Airport Executives and National Air Transportation Association, Airport Sponsor’s Guide to Preparing Minimum Standards for Airport Aeronautical Service Providers and Airport Operating Rules and Regulations (2002)
Reminga v. United States. 631 F.2d 449 (6th Cir. 1980)
Vacation Village, Inc. v. Clark County --F.3d--, 2007 WL 2080288 (9th Cir. 2007)
Ventres v. Goodspeed Airport 37 Conn. L. Rptr. 197, 2004 WL 1245908 (Conn. Super. May 21, 2004)
White Industries, Inc. v. FAA 692 F.2d 532 (8th Cir. 1982)
Passenger Facility Charge (See Finance)
Preemption (See also Access Restrictions, Local Land Use Regulation)
49 U.S.C. § 41713
Jeffrey A. Berger, Phoenix Grounded: The Impact of the Supreme Court’s Changing Preemption Doctrine on State and Local Impediments to Airport Expansion
97 Nw. U. L. Rev. 941 (2003)
Jonathan W. Cross, Airport Perimeter Rules: An Exception to Federal Preemption
17 Transp. L. J. 101 (1988)
American Airlines, Inc. v. Wolens 513 U.S. 219, 115 S. Ct. 817, 130 L. Ed. 2d 715 (1995)
City of Tipp City v. City of Dayton 204 F.R.D. 388 (S.D. Ohio 2001)
Gee v. Southwest Airlines 1997 U.S. App. LEXIS 12266 (9th Cir. 1997) overruled by Charas v. Transworld Airlines, Inc., 160 F.3d 1259 (9th Cir. 1998)
Holliday v. Bell Helicopters Textron, Inc. 747 F. Supp. 1396 (D. Haw. 1990)
Huntleigh Corp. v. Louisiana State Bd. of Private Security Examiners
906 F. Supp. 357 (M.D. La. 1995)
Morales v. Trans World Airlines, Inc. 504 U.S. 374, 112 S. Ct. 2031, 119 L. Ed. 2d 157 (1992)
Skysign International, Inc. v. City and County of Honolulu
276 F.3d 1109 (9th Cir. 2002)
Rates and Charges (See Finance)
Revenue Use and Diversion (See Finance)
36
Security
49 U.S.C. §§ 44901–44945
14 C.F.R. Parts 1520, 1540, 1542
Paul L. Verkuil, Symposium: Terrorism, Globalization and the Rule of Law: The Publicization of Airport Security
27 Cardozo L. Rev. 2243 (2006)
James L. Buchwalter, Annotation, Validity of Airport Security Measures
125 A.L.R. 5th 281 (2007)
TSA Information Publication A-001, Security Guidelines for General Aviation Airports (2004)
Torbet v. United Airlines, Inc. 298 F.3d 1087 (9th Cir. 2002)
United States v. Aukai 440 F.3d 1168 (9th Cir. Mar. 17, 2006) reh’g en banc granted by 473 F.3d 1265 (9th Cir. Jan. 22, 2007)
United States v. Davis 482 F.2d 893 (9th Cir. 1973)
United States v. Hartwell 436 F.3d 174 (3rd Cir. 2006)
United States v. Herzbrun 723 F.2d 773 (11th Cir. 1984)
United States v. Pulido-Baquerizo 800 F.2d 899 (9th Cir. 1986)
Sponsor Assurances (See Grant Assurances)
Zoning (See Local Land Use Regulation)
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ACKNOWLEDGMENTS This study was performed under the overall guidance of the ACRP Project Committee 11-01. The Committee is chaired by ARTHUR P. BERG, Kaplan Kirsch & Rockwell LLP, New York, New York.* Members are EDUARDO A. ANGELES, Los Angeles World Airports, Los Angeles, California; TIMOTHY KARASKIEWICZ, General Mitchell International Airport, Milwaukee, Wisconsin; ROBERT S. MAERZ, San Francisco International Airport, San Francisco, California; CARLENE MCINTYRE, Port Authority of New York & New Jersey, New York, New York; DONALD MUETING, Minnesota DOT, St. Paul, Minnesota; and KATHLEEN YODICE, Yodice Associates, Aircraft Owners and Pilots Association, Washington, DC. DAPHNE A. FULLER provides liaison with the Federal Aviation Administration, BARRY MOLAR provides liaison with the Federal Aviation Administration, PATRICIA A. HAHN provides liaison with the Airports Council International-North America, and GWEN CHISHOLM SMITH represents the ACRP staff. *This report was prepared by Daniel Reimer, Kaplan Kirsch & Rockwell LLP, Denver, Colorado. Mr. Arthur P. Berg, ACRP Project 11-01 Panel Chair, and Counsel with Kaplan Kirsch & Rockwell LLP, New York, New York, recused himself from participation in this study to avoid any semblance of partiality or bias.
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