Washington, DC 20036
Telephone: (202) 955-5600
Fax: (202) 955-5616
Cell phone: (703) 314-8600
tdevine@kaplankirsch.com
Vcard
Tom Devine has over 25 years experience in aviation law, having practiced in both the public and private sectors. He has been at the forefront of developing and negotiating major policy initiatives, such as rates and charges, noise, passenger facility charges, liability limitations, security, and victim compensation programs. He represents airports in legislative and regulatory matters, administrative enforcement proceedings, and related cases in the U.S. Courts of Appeals. He advises clients on compliance with federal policies and AIP grant assurances, including allowable ratesetting practices and incentives to promote air service; airport security matters and related liability issues; noise, Airport Improvement Program (AIP) grants; and passenger facility charges (PFCs).
He advises clients on compliance with federal policies and AIP grant assurances, including the scope of proprietors' rights and federal preemption; allowable ratesetting practices and incentives to promote air service; airport security matters and related liability issues; noise, Airport Improvement Program (AIP) grants; and passenger facility charges (PFCs).
Among his significant matters, Mr. Devine successfully defended airports against charges by fixed base operators and other aeronautical users that they violated federal prohibitions against economic discrimination and the granting of exclusive rights; negotiated with FAA to settle cases involving landing fees and allegations of diversion of airport revenues for municipal purposes, thus restoring each airport's eligibility to receive federal grants; persuaded TSA to withdraw a letter of investigation for alleged release of security information; helped obtain legislation eliminating airport liability for opting out of the federal security screening program; successfully represented an airport in a fast-track administrative review of its rates and charges by the U.S. DOT and regulations preserved U.S. Court of Appeals; and helped secure the federal government's participation in a Court of Appeals case to support an airport development project opposed by the local governmental body with zoning authority over the subject parcel of land.
He has also helped obtain $100 million letters of intent from FAA for two airports and played a key role in developing and enacting ACI-NA's initial PFC legislative proposal and the PFC increase to $4.50; represented airports in industry-government negotiations that led to the Airport Noise and Capacity Act of 1990 (ANCA); and helped ensure that federal legislation and regulations preserved significant flexibility for airports in setting airline rates and charges for airports.
Recent Publications and Seminars
-
Publications
- "The Naples Decision: Sound Public Policy?", The Air and Space Lawyer (2005)
- "A Practitioner's Guide to Federal Ratesetting Restrictions at Municipal Airports", Municipal Lawyer (January/February 1996) Vol. 37, No. 1
- Co-Editor, ACI-NA Airport Environmental Management Handbook, Co-Editor
-
Seminars
- ACI-NA Legal Committee Meetings and Basic Legal Issues Seminars (1992 - 2006)
- American Association of Airport Executives Rates and Charges Seminar (2004 - 2006)
- Rocky Mountain Land Use Institute (2007)
- AAAE Fundamentals of Airport Law Conference (2006-2008)
- A.B., with distinction, Phi Beta Kappa, Stanford University
- J.D., Stanford University Law School
- California
- District of Columbia
- U.S. Supreme Court
- U.S. Court of Appeals - D.C., 6th and 9th Circuits
- Trustee and former Board Member, New Hope Housing
- Member, Church Council, Aldersgate United Methodist Church
- Steering Group Member, Aldersgate United Methodist Church Stewardship Campaign
- Trustee, Rising Hope United Methodist Mission Church
- Board Member, Communities of Faith United for Housing
- Lay Leader, Virginians Organized for Interfaith Community Engagement (V.O.I.C.E.)
