Workshop Agenda
Monday, October 7
11:00 AM
Registration Opens
1:15 PM
1:30 PM
Welcome Remarks
Steven L. Osit │ Kaplan Kirsch
Justin Barkowski │ Vice President, Regulatory Affairs, AAAE
1:30 PM
2:30 PM
Session 1: Fundamentals #1 - Introduction, History and Basic Concepts of Airport Law
Nicholas M. Clabbers │ Kaplan Kirsch
Sarah E. Wilbanks │ Kaplan Kirsch
This session provides an introduction both to the workshop and to airport law generally. We will provide an introduction on how airport law is different from aviation law, the law governing other transportation modes, or municipal law more generally. This session explores the history of airport regulation over the last 100 years – as a way to understand both how and why the federal government regulates airports and the activities of airport proprietors. Attendees can expect a discussion of the authority of the federal government and local governments with an emphasis on understanding their respective roles in the aviation system. It introduces common terms and legal relationships among the various stakeholders and provides background for those needing a refresher or new to the field of airport law.
2:30 PM
2:45 PM
Refreshment and Networking Break
2:45 PM
3:45 PM
Session 2: Fundamentals #2 - Understanding Federal Regulation of Airports - Grant Assurances
Adam E. Gerchick │ Kaplan Kirsch
Scott E. Mitchell │ Assistant Chief Counsel, Airports & Environmental Law, FAA
Unlike some federal regulatory programs, FAA regulation of airports is accomplished primarily through contract. Each airport sponsor signs an annual grant agreement to receive Airport Improvement Program (AIP) grants. The grant agreements contain 40 Sponsor Assurances which regulate virtually every aspect of airport governance, finance, and operations and are the primary means for FAA regulation of airports. It is critical for airport lawyers to understand the scope and interpretation of these contractual obligations and how the FAA enforces them. This session focuses on some of the most important – and most frequently litigated — grant assurances, including those that prohibit economic discrimination and exclusive rights, and those that regulate rights and powers, revenue use, self-sustainability, operations, and airport development.
3:45 PM
4:00 PM
Refreshment and Networking Break
4:00 PM
5:00 PM
Session 3: Fundamentals #3 - Regulation of Airport Revenue and Use of Airport Funds
Steven L. Osit │ Kaplan Kirsch
Andrew Williamson │ Attorney, Airport Law Branch, FAA
Lawyers with experience in municipal law are often surprised to learn of the fundamentally different legal structure for the regulation of airport finances than for other government functions. Understanding the permissible uses of airport funds is one of the foundations of airport law. This session offers an introduction to the unique legal requirements and contractual obligations that define how airports can use funds generated by activities at their airport. The focus will be on the legal principles and sources of law rather than financial tools for airport financial decision-making.
5:30 PM
Welcome Reception
Tuesday, October 8
8:15 AM
8:30 AM
Welcome Remarks
Steven L. Osit │ Kaplan Kirsch
Justin Barkowski │ Vice President, Regulatory Affairs, AAAE
8:30 AM
9:30 AM
Session 4: Fundamentals #4 – Airport Aeronautical Land Use, Planning and Related Compliance Obligations
Catherine M. van Heuven │ Kaplan Kirsch
Joelle Briggs │ Compliance Specialist, FAA
The legal requirements for planning and developing airport facilities are complex and call upon numerous legal disciplines – from real estate to land use and airspace regulation to environmental law. Airport lawyers need to understand the process of planning and development so they can identify potential compliance pitfalls before they occur. This session will explore the basics of how airports and aeronautical facilities are planned, the types and scope of required approvals, and the environmental review process under the National Environmental Policy Act (and counterpart state laws).
This session walks participants through understanding the ALP, the master planning and development process from initial concept to completion of a project, and the environmental approval process which affects the timing (and scope) of almost all airport capital projects. It also addresses compliance obligations for aeronautical facilities and will introduce the relevant principles from the recent policy on Processing Land Use Changes.
9:30 AM
9:45 AM
Refreshment and Networking Break
9:45 AM
10:45 AM
Session 5: Fundamentals #5 – Strategies for Non-aeronautical Development, Land Releases and FAA Land Use Approvals (Section 743 and Land Use Policy)
Peter J. Kirsch │ Kaplan Kirsch
Barbara Schalmo, AICP │ Planning, Land Use & Economics Lead, C&S Companies
Recent changes in federal law have reduced federal oversight over most non-aeronautical and ancillary development at airports. But, even with those changes, there remain significant regulatory and procedural requirements that must be followed. We will discuss the new requirements, where there remains uncertainty about these laws, and how to navigate the remaining approval and review processes. This session will offer a strategic framework for providing legal advice for airport sponsors who are considering non-aeronautical development or other projects that are subject to only a ‘light touch’ of federal regulation.
10:45 AM
11:00 AM
Refreshment and Networking Break
11:00 AM
12:00 PM
Session 6: Negotiating with Non-airline Aeronautical Tenants
Steven L. Osit │ Kaplan Kirsch
Slone P. Isselhard │ Kaplan Kirsch
Scott Knight │ Assistant General Counsel, Tampa International Airport
While airlines play a large role at commercial service airports, other aeronautical users, such as aircraft maintenance operators, fixed base operators, flight schools, and various other service providers, serve critical functions at commercial service and general aviation airports around the country, and contribute significantly to airport revenues and the local economy. This session addresses key considerations for airport sponsors when negotiating agreements with non-airline aeronautical users, including the length of an agreement, establishing rates and charges, managing development and associated financing, and ensuring compliance with a sponsor’s federal grant assurance obligations. This session will assist airport practitioners in understanding and balancing the private interests of aeronautical users with the public interests of the sponsor and the FAA , as well as share strategies for resolving some of the most frequently contested negotiating issues.
11:00 AM
12:00 PM
Session 7: Negotiating Airline Use and Lease Agreements
Sarah E. Wilbanks│ Kaplan Kirsch
Dan Benzon │ President, Benzon Aviation Consulting
Although some airports establish rates and charges by ordinance or resolution, a majority of U.S. airport sponsors enter into an airline use and lease agreement (AULA) with airlines operating at the airport. Negotiating AULAs with airlines is one of the most important and complex tasks for airport lawyers, who play a pivotal role in both negotiating and drafting AULAs. The structure and terms of AULAs are continually evolving and this session explores the basics of negotiating these critically important agreements. We will begin with a discussion of the legal and strategic issues for the sponsor, followed by an overview of the basic elements of an AULA. We will then examine industry best practices and discuss the key components that have been challenging for airports to overcome in negotiations.
12:00 PM
1:30 PM
Session 8: Keynote Presentation
Shannetta Griffin | Associate Administrator for Airports, FAA
Shannetta Griffin, the senior airport official in the federal government, with responsibility for regulation and funding of airports, will share her thoughts on new policy and regulatory initiatives and the legal implications of new agency guidelines, policies and advisory circulars.
1:30 PM
2:30 PM
Session 9: Environmental Liability and PFAS
Sara V. Mogharabi │ Kaplan Kirsch
David Steinberger │ Senior Assistant City Attorney, Denver International Airport
Airport operators face a myriad of complex and constantly evolving environmental compliance obligations. This session provides an overview of the environmental impacts of airport operations as well as strategies for managing those impacts, ranging from local issues like air, water quality, and environmental contamination to those of broader concern, such as climate change.
A particular focus on this session will be on PFAS, including regulatory updates, the status of PFAS litigation, and strategies airport operators can employ to minimize PFAS risk and maximize PFAS cost recovery.
1:30 PM
2:30 PM
Session 10: Noise Mitigation and Community Relations
W. Eric Pilsk │ Kaplan Kirsch
Don Scata │ Deputy Director of Office of Environment and Energy, FAA
While noise impacts have been an issue for airports for 100 years, the greatest sources of annoyance have shifted in recent years from operations near air carrier airports to problems of en route noise and GA operations such as touch-and-goes. This session will explore recent administrative developments regarding the measurement and evaluation of aircraft noise and strategies that airport sponsors have used to address community concerns and to minimize their own liability for these impacts. We will discuss the tools that airport sponsors can use to plan for potential noise impacts, and how to comply with legal requirements concerning noise evaluation and mitigation. We will also discuss how to anticipate potential noise litigation for inverse condemnation and related theories and how to reduce potential liability in the event of litigation. Finally, we will discuss FAA’s Noise Policy Review and noise-related provisions of the 2024 FAA Reauthorization Act.
2:30 PM
2:45 PM
Refreshment and Networking Break
2:45 PM
3:45 PM
Session 11: Ethics: Interactions with Public Officials and Other Non-Lawyers
Samantha R. Caravello │ Kaplan Kirsch
Slone P. Isselhard │ Kaplan Kirsch
Lawyers for public agencies face unique challenges in fulfilling their ethical obligations. Public records laws, which vary state-to-state, inter-agency disputes, and competing political interests within client entities add a layer of complexity to ethical obligations not typically faced when representing private entities. Lawyers who are accustomed to the confidentiality of attorney-client communications often are alarmed by the degree to which the attorney-client relationship in the airport business is a matter of public record and must be particularly careful to protect confidential communications on behalf of public clients. This interactive session explores ways in which lawyers can fulfill their professional obligations without inadvertently creating ethical problems and how lawyers can fulfill public disclosure obligations while maintaining confidentiality in their communications with public agency clients.
2:45 PM
3:45 PM
Session 12: Drafting Construction Contracts
Tracy Davis │ Kaplan Kirsch
Chelsea M. Marx │ Kaplan Kirsch
Construction contracting continues to evolve at a rapid pace, with airports and other public owners moving from the traditional design-bid-build delivery method to many alternative delivery methods. Delivery methods, however, only help with the overall structure and risk allocation of a construction contract. Local, state and federal legal requirements must be considered in contracting. In this session, we will review the more typical delivery methods and discuss considerations in drafting a construction contract, including typical and required provisions and risks for an airport.
3:45 PM
4:00 PM
Refreshment and Networking Break
4:00 PM
5:00 PM
Session 13: Roundtable: Regulatory and Legislative Updates
Peter J. Kirsch │ Kaplan Kirsch
Justin Barkowski | Vice President, Regulatory Affairs, AAAE
Danielle Rinsler │ Director of Office of Airports Planning and Programming, FAA
Congress enacted the FAA Reauthorization Act of 2024 in May. The 5-year statute contains a number of provisions of importance for airports and changes both funding and regulatory programs in many respects. This session will discuss the implementation of the Reauthorization Act and recent regulatory developments both related and unrelated to the new statute. We will discuss what is happening in Washington – in Congress, at FAA headquarters, and at other federal agencies. The panel includes industry and FAA experts who have followed Congress and administration policy making intently for years and provide perspectives on how the election may, or may not, change the regulatory environment for airports.
5:30 PM
Networking Reception for Newer Airport Lawyers
Adam Gerchick - Host│ Kaplan Kirsch
Wednesday, October 9
8:30 AM
9:30 AM
Session 14: Negotiation of Private Investment in Airports
Adam M. Giuliano │ Kaplan Kirsch
Stephanie Griffin │ Kaplan Kirsch
Private investment in airport infrastructure – such as terminal developments, ConRACs, air cargo, and privatizations – can be transformative but also risky. Consistent with global trends, these investments in the U.S. are increasing, but their promise can also lead to missed opportunities, heartburn, and regret.
This session will provide a roadmap for navigating these deals. We will start by distinguishing various types of private investments from more traditional arrangements. Next, we will cover essential context for structuring these transactions, including the value and limitations of precedent, the role of advisors, and unique regulatory requirements under federal and state law. Finally, the session will delve into negotiation strategies, including competitive procurements and common deal issues. Key negotiation topics include rent and revenue sharing, owner-retained liabilities and risks, provisions for early termination and handover, public interest protections, oversight, performance standards, and interactions with non-privately managed airport operations and assets.
9:30 AM
9:45 AM
Refreshment and Networking Break
9:45 AM
10:45 AM
Session 15: ACDBE, Civil Rights, and Title VI
Eric T. Smith │ Kaplan Kirsch
This session will start with a brief outline of the applicable legal requirements applicable to Airport Concessions Disadvantaged Business Enterprises (ACDBEs) and other civil rights and non-discrimination requirements and best practices for airports to comply with them. From that background, we will discuss the kinds of disputes that airport sponsors face and how they can be a catalyst for diversity, equity, and inclusion for all stakeholders in the airport’s wider community through programs designed to encourage not only compliance but equity. We will use case studies to examine tools for anticipating and resolving disputes with concessionaires over ACDBE and other civil rights compliance issues.
9:45 AM
10:45 AM
Session 16: Off-Airport Land Use Regulation
Catherine M. van Heuven │ Kaplan Kirsch
Stephanie Pope │ Kaplan Kirsch
Airport proprietors have obligations outside of the actual airport to protect against incompatible land uses and potential hazards to aviation. This session discusses the basics of the airport proprietor’s off-airport obligations and the tools airport proprietors have used to address potential encroachment and incompatible land uses. In particular, this session will discuss the process for review of potential airspace obstructions under Part 77 of the Federal Aviation Regulations, how to navigate state and local laws imposing height and use restrictions that affect the compatibility of off-airport land use, and the legal rights and obligations airport proprietors have with regard to potentially incompatible land uses. As development moves increasingly closer to airports, these obligations and limitations are increasingly important to understand for airport lawyers.
10:45 AM
11:00 AM
Refreshment and Networking Break
11:00 AM
12:00 PM
Session 17: What's Your Problem: Attendee Information Exchange
All Faculty
This session provides an opportunity for Workshop participants to exchange their own personal experiences, challenges, and questions from their airport. This will be a moderated session with no formal presentation. The moderator will organize questions that Workshop participants have submitted in advance – about issues where experience from other airports would be helpful in solving local problems at individual airports. This session offers an open information exchange and chance to consult with colleagues and make connection with fellow airport lawyers. Use the QR code to the left to submit your questions.
12:00 PM
1:30 PM
Session 18: Keynote Presentation
Jamie Rhee │ Commissioner, Chicago Department of Aviation
Jamie Rhee, Commissioner of the Chicago Department of Aviation, will share her views on the challenges facing airports as they embark on ambitious capital programs while simultaneously keeping airport operations running smoothly.
1:30 PM
2:30 PM
Session 19: Meet Your Regulator: TSA General Counsel
Francine Kerner | Chief Counsel, TSA
This Workshop’s annual presentation from the TSA’s Chief Counsel on legal issues in airport security is always a highlight. The first and only TSA Chief Counsel provides an update on current legal issues facing the agency and offers an insider’s perspective on how the TSA interacts with airport counsel. This session provides an off-the-record discussion of legal problems facing airport security and offers participants an unusual opportunity for a direct dialogue with the most influential lawyer on security issues in the federal government.
2:30 PM
2:45 PM
Refreshment and Networking Break
2:45 PM
3:45 PM
Session 20: Meet the Regulator: FAA Offices of Compliance
Nicholas Clabbers - Moderator│ Kaplan Kirsch
Michael Helvey │ Director of Office of Airport Compliance, FAA
This session will be a discussion with the FAA’s relatively new Director of Airport Compliance about the agency’s regulatory and compliance priorities and top issues in the airport world.
3:45 PM
4:00 PM
Refreshment and Networking Break
4:00 PM
5:00 PM
Session 21: Working with Problem and Financially Distressed Tenants
Eric T. Smith │ Kaplan Kirsch
W. Eric Pilsk │ Kaplan Kirsch
While most airport tenants work in good faith to comply with their contractual obligations and to be good citizens of the airport, that is not always the case. This session will discuss issues many airport sponsors face with tenants, potential tenants, and other airport users who create operational, compliance, and other legal issues by their conduct. We will discuss the legal framework for dealing with problem tenants, the tools airport sponsors often employ to address those issues, and the legal risks of those tools. We will also explore the issues that arise when an airport tenant is facing insolvency or bankruptcy proceedings, including how to anticipate bankruptcy in leases and contracts and how to respond when a tenant files for bankruptcy protection.
4:00 PM
5:00 PM
Session 22: Procurement and Delivery Methods for Federally and Non-Federally Funded Projects
Lovely Bonhomme │ Kaplan Kirsch
Viktor Zhong │ Kaplan Kirsch
Courtney Adolph │ Manager of Airports & Environmental Law Division, FAA
Jessie Di Gregory | Attorney, Airports Law Branch, FAA
This session explores various procurement and delivery methods that can lead to airport development projects that are on time, within budget, and as envisioned, while remaining compliant with federal contracting requirements, including when using Airport Improvement Program (AIP) grants, PFCs, and other available sources of funding and financing, such as BIL grants and TIFIA loans. Attendees will gain a working knowledge of: (1) unique features of traditional and alternative project delivery methods when contracting for airport projects, (2) key considerations when structuring procurements that maximize competition and value, (3) airport infrastructure funding programs (like AIP, BIL Airport Terminal Program (ATP), and others) along with the differing compliance obligations for federally funded projects, and (4) FAA priorities for AIP and other federal funding that make a project competitive for such grants.