Senior Counsel
445 Park Avenue, 9th Floor
New York, New York 10022
Telephone: (212) 836-4048
Fax: (646) 514-5440
Cell: (646) 479-4227
aberg@kaplankirsch.com
Vcard

Since entering private practice six years ago, Art Berg has specialized in representing numerous individual airports throughout the country, as well as Airports Council International-North America, in a variety of matters, including administrative proceedings before FAA and DOT, litigation in the federal courts, and rendering advice regarding: first amendment issues, PFCs, revenue diversion, rail extensions to airports, airline subsidies, airport privatization, aircraft noise, compliance with grant assurances, rates and charges, runway safety areas and security requirements.

Prior to going into private practice, Mr. Berg was for many years the head federal regulatory and appellate attorney for the Port Authority of New York & New Jersey. During his tenure there, he was involved in nearly 100 litigated matters and personally argued many of the Port Authority's major appellate cases. He obtained a national reputation in the First Amendment area by successfully arguing to the United States Supreme Court that airports were non-public fora and therefore, the Port Authority could constitutionally ban the Hare Krishna from soliciting in airport terminals.

In addition to the Krishna case, Mr. Berg's other significant cases, include obtaining a favorable decision by the Third Circuit upholding the Port Authority's ban on newspaper vending machines at its airports; obtaining a favorable decision by the Second Circuit upholding the Port Authority's ban on begging in public areas of the World Trade Center; successfully defending the perimeter rule at LaGuardia Airport limiting non-stop flights to destinations within 1500 miles of the airport; successfully defending, before the FAA, the D.C. Circuit and the Second Circuit, the Port Authority's use of $1.148 billion in PFC funds to build the controversial AirTrain link to JFK International Airport; successfully defending, in the Second Circuit, the Port Authority's vehicular tolls charged on its four interstate bridges; and successfully defending, in the Second Circuit, the Port Authority's cumulative noise rule phasing out stage 1 aircraft.

Mr. Berg's other responsibilities at the Port Authority included rendering opinions on major issues of law; developing litigation strategy; preparation of comments on proposed DOT and FAA rules and regulations; rendering advice on rates and charges issues relating to the Port Authority's airports and vehicular toll bridges and tunnels; coordinating regulatory and environmental matters involving Port Authority airports with the FAA; and working with the Port Authority's Washington office on federal legislative issues.

Awards

In 1990, Mr. Berg received the Airport Council International Distinguished Service Award for extraordinary work as Legal Committee Chairman in developing, articulating and promoting ACI policies particularly on aircraft noise and passenger facility charges.

In 1998, Mr. Berg received the Port Authority Executive Director's Award of Achievement for extraordinary legal work and dedication in obtaining Federal Aviation Administration approval to use airline passenger facility charges (PFCs) to finance the Port Authority's controversial rail access project for John F. Kennedy International Airport.

Recent Publications and Seminars

    Publications
  • Chapter on Airport Security in "A Legal Guide to Homeland Security and Emergency Management for State and Local Governments," American Bar Association (2005)
  • "The Opt-Out Program of the Aviation Transportation Security Act and Potential Airport Liability," Centerlines (2005)

    Seminars
  • Speaker on Airline Subsidies at American Association of Airport Executives Annual Conference (2006)
  • Speaker at Numerous ACI-NA Legal Committee Meetings
  • Speaker at AAAE Basics of Airport Law Seminar in 2006 and 2007

Education and Clerkships

  • B.A., St. John's University
  • LL.B., St. John's University School of Law, Associate Editor of Law Review

Bar Admissions

  • New York
  • U.S. Supreme Court
  • Many Federal District Courts and Courts of Appeals

Professional and Civic Activities

  • Member American Bar Association
  • Member New York State Bar Association
  • Member Bar Association of the City of New York
  • Member American Association of Airport Executives