On December 22, 2011, firm client, the Independent Pilots Association, filed suit in the U.S. Court of Appeals challenging the FAA’s final rule on pilot flight and duty time.  IPA, which represents 2,700 pilots flying for the United Parcel Service, specifically is challenging the FAA’s decision to exempt cargo carriers from the new rule.   According to IPA General Counsel William Trent, "The IPA seeks to have cargo operations included within the scope of the rule because of the safety benefits provided by the rule.  IPA does not seek to delay implementation of these important safety benefits to passenger operations.”  To learn more about IPA’s petition, visit the IPA website at www.ipapilot.org, or contact Tom Devine.

On August 31, 2011, Donald Trump and Mar-a-Lago LLC voluntarily withdrew their lawsuit against firm client Palm Beach County.  The suit alleged that present and future operations from Palm Beach International Airport constituted a nuisance, trespass and a taking of property without compensation.  Mr. Trump and Mar-a-Lago sought injunctive relief and damages.  The case has been pending for over a year and was still in the preliminary stages.  On November 22, 2010, the court granted the County’s motion to dismiss the suit, finding that the Complaint failed to state a valid claim for relief.  Plaintiffs filed an amended complaint, and the County again moved to dismiss the case.  The County’s motion to dismiss was pending before the Court when Mr. Trump dismissed the case.

On August 25, 2011, the U.S. Court of Appeals for the Ninth Circuit ruled that the FAA failed to adequately consider the potential indirect effects of a proposed new runway at the Hillsboro Airport in Oregon.  In Barnes v. DOT, the court found that a new runway has the potential to increase demand at the Airport, not simply reduce congestion and delay, and remanded the matter to the FAA to consider the possible growth-inducing effects of the new runway.  For a copy of the court’s opinion, click here.

On August 5, 2011, the U.S. Court of Appeals for the Ninth Circuit held that the Airline Deregulation Act does not preempt plaintiff’s suit against an airline for breach of contract.  In Ginsburg v. Northwest, Inc., plaintiff complained that Northwest Airlines had breached an implied covenant of good faith and fair dealing by terminating plaintiff’s membership in the airline’s frequent flier program.  The court closely examined prior Supreme Court and Ninth Circuit precedent in holding that the common law contract claim did not fall within the scope of the ADA preemption provision.  Click here for a copy of the court’s opinion.

On July 1, 2011, the U.S. Court of Appeals for the District of Columbia Circuit upheld the Transportation Security Administration’s calculation of fees imposed on airlines for screening passengers and property.  By law, TSA is prohibited from charging airlines more than the airlines paid for security in the year 2000.  In 2009, the D.C. Circuit remanded TSA’s calculation of the airline security fee, because TSA’s formula failed to exclude the cost of screening non-passengers.  In the most recent decision (Southwest Airlines v. TSA, Case No. 10-1227), the court denied the airlines’ petition for review, based largely on the court’s deference to the calculation prepared by TSA’s consultant over the calculation prepared by the airlines’ consultant.  TSA’s consultant found that the cost of screening passengers and property in 2000 was approximately $420 million.  For a copy of the court’s opinion, click here.

On June 2, 2011, the Transportation Research Board published a new research report entitled Guidebook for Developing and Leasing Airport Property.  The Guidebook describes key issues, lease terms, best management practices and case studies concerning the lease of airport property for aeronautical and non-aeronautical use.  In conjunction with the project, TRB released presentation templates on aeronautical and non-aeronautical leases.  To view and download the Guidebook or presentation templates, click here.