TagAirport Law(19)

Legal analysis from Steve Taber @ Leech Tishman examining how Sustainable Aviation Fuel (SAF) addresses climate goals through federal tax incentives and production targets, while highlighting the gap between SAF’s global climate benefits and local community impacts like noise and air quality that remain unaddressed.

This document outlines federal guidelines for managing land use around airports to minimize noise and safety conflicts. It distinguishes between incompatible land uses near airports—such as residential development, schools, hospitals, and churches—and compatible ones like agriculture, parks, and parking facilities. It also describes appropriate actions airport sponsors can take, including developing off-airport land use plans, enacting zoning ordinances, and working with local and regional authorities to restrict development in affected areas.

This DOT regulation (Subpart B, Section 25.101a) outlines when federal property acquisition rules apply, covering situations involving eminent domain threats and large-scale planned project areas. It also defines the conditions under which an acquisition can be classified as a 'voluntary transaction,' exempt from those requirements — including that the agency must inform the owner it will not forcibly acquire the property if negotiations fail. When multiple properties are purchased voluntarily within the same area, all owners must be treated equally regarding eligibility for benefits under the Uniform Act.

The FAA sent a letter to Washington State's Aviation Director in October 2025 reviewing how the state collects and spends aviation fuel taxes, noting that despite having an approved compliance plan, the state has still not provided actual tax collection figures after 11 years. The FAA flagged concerns about three types of taxes — aircraft fuel tax, sales and use taxes, and environmental taxes (HST and PPT) — questioning whether the environmental tax revenues are being properly directed toward aviation purposes. The agency also reviewed over $97 million in state appropriations claimed as offsets, finding more than $82 million ineligible and nearly $15 million requiring further justification before a final compliance determination can be made.

This presentation from the 41st Annual AAAE Airport Law Workshop covers the basics of Grant Assurances — the federal obligations airports must fulfill in exchange for receiving federal funding under the Airport Improvement Program (AIP). Grant Assurances are prescribed by federal statute (49 U.S.C. 47106 & 47107) and are incorporated into grant agreements, which include both general and special conditions. While not laws themselves, these assurances are binding contractual commitments that airport sponsors accept when they receive AIP funding.

Steven M. Taber is a Partner at Leech Tishman law firm specializing in environmental law, aviation and airport development, and related regulatory matters, with experience advising airports, municipalities, and community groups on noise and capacity issues under statutes such as the Airport Noise and Capacity Act and the Aviation Safety and Noise Abatement Act. He previously served as an attorney for the Federal Aviation Administration (FAA), where he was involved in drafting FAA Environmental Orders 1050.1E and 5050.4B, and has counseled clients navigating FAA enforcement actions and airport modernization programs. While his profile does not reference Sea-Tac Airport specifically, his broad expertise in aviation noise policy, environmental review processes, and federal aviation regulations makes him a relevant figure in airport noise policy research.

Washington state law defining requirements for port commissions to investigate and monitor aircraft noise impact before initiating abatement programs. Establishes geographic boundaries for “impacted areas” where port districts may undertake noise programs, with specific distance limitations from runway ends and centerlines.

The FAA proposed sweeping new rules in September 2022 governing how airports can use federally acquired or conveyed land for non-aeronautical purposes, such as hotels, warehouses, and car rental facilities. Under the draft policy, airports would need FAA approval for any non-aeronautical or mixed-use activities on such land, with approvals tied strictly to lease terms and requiring renewal each time a lease expires. The changes could significantly increase the regulatory burden on airport sponsors by eliminating the previous practice of permanently designating certain property as non-aeronautical and potentially triggering environmental review requirements under NEPA.