TagAirport Law(23)

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.

In August 2022, the FAA revised its internal guidance on Section 163, most notably changing how it defines a 'project' so that if any part of a development requires FAA approval, the agency retains authority over the entire project — limiting airports' ability to break larger efforts into smaller pieces to avoid oversight. The FAA also proposed a new land use policy in September 2022 governing how airport sponsors may use federally acquired or conveyed airport land for non-aeronautical purposes, identifying four categories of land use that determine when FAA approval is required. Airport sponsors were encouraged to submit comments on the proposed land use policy before October 17, 2022.

This 2019 legal research digest examines how U.S. airports can legally encourage competition among airlines and fixed-base operators (FBOs) while complying with federal grant requirements. It covers the impact of airline industry consolidation, the rules airports must follow to avoid unfair discrimination or granting exclusive rights, and practical strategies for accommodating carriers with different business models.

A federal appeals court denied a challenge by the cities of Mukilteo and Edmonds, Washington, along with local residents and advocacy groups, to the FAA's decision to open Paine Field near Everett to commercial passenger service without requiring a full Environmental Impact Statement. The court ruled that the FAA's environmental review process was conducted in good faith and was not arbitrary or capricious, finding that the agency properly assessed foreseeable noise and environmental impacts under the National Environmental Policy Act.

The FAA Airport Compliance Manual (Order 5190.6B), effective September 30, 2009, provides guidance to FAA personnel on ensuring that airport sponsors meet their federal obligations when they accept federal funds or property for airport purposes. It analyzes grant assurances, surplus property conditions, and other legal commitments that airports must uphold, and outlines the compliance program's objectives, responsibilities, and enforcement procedures. The manual is administered by the FAA's Airport Compliance Division and serves as the authoritative reference for interpreting and managing airport sponsor obligations nationwide.

This 2009 report from the National Academies examines how publicly-owned airports in the United States are governed and owned, covering the range of entities—from city governments to special airport authorities—that oversee the country's approximately 4,150 public-use airports. It analyzes the legal principles and state and federal laws that shape airport governance structures, and evaluates the advantages and disadvantages of different models, including privatization. The findings are intended to help communities assess whether their current airport governance arrangements are working effectively or could benefit from change.

A comprehensive legal research digest that compiles and indexes airport law resources for attorneys and administrators. It provides a bibliography of federal resources, statutory materials, regulations, case law, and secondary sources related to airport legal issues including topics like eminent domain, environmental concerns, leasing, contracting, security, and liability.