• 2025-10-01 21:56

    AAA Basics of Grant Assurances

    Presentation from the 41st Annual AAAE Airport Law Workshop covering the basics of grant assurances. The presentation explains that grant assurances are federal obligations in exchange for federal funding under the Airport Improvement Program (AIP), prescribed by statute but not laws themselves, and are annexed to grant agreements.
  • 2025-07-07 19:22

    Significant Changes to the National Environmental Policy Act Affecting Airport Projects

    The National Environmental Policy Act (NEPA) has seen seismic changes in the past several months. On June 30, 2025, FAA rescinded its previous NEPA procedures and issued new Order 1050.1G, Environmental Impacts: Policies and Procedures, to address the recent rescission of the Council on Environmental Quality (CEQ) NEPA regulations, recent Executive Orders, and a recent
  • 2025-05-30 16:24

    U.S. Supreme Court Narrows NEPA Review

    Court removes “indirect effects” requirement The U.S. Supreme Court issued a unanimous decision, on May 29, 2025, narrowing the scope of environmental review under the National Environmental Policy Act (NEPA).  In Seven County Infrastructure Coalition v. Eagle County, Colorado, the Court reversed in part the D.C. Circuit Court of Appeals’ finding that the Surface Transportation
  • 2025-05-16 11:12

    EPA limits Its PFAS drinking water standard to PFOA and PFOS, delays compliance timeline to 2031

    On May 14, 2025, the U.S. Environmental Protection Agency announced via press release that it will reduce the scope of its April 10, 2024 National Primary Drinking Water Regulation to the two most prevalent per- and polyfluoroalkyl (PFAS) compounds, PFOA and PFOS, and extend the compliance timeline for public water systems by two years, from
  • 2025-04-25 15:05

    FAA/DOT Issues Significant Updates to Grant Programs

    Within the past few days, the FAA and U.S. DOT took several significant steps toward aligning federal grant programs with the Trump administration’s policy priorities and objectives, especially as set forth in a series of Executive Orders issued early in this administration. The following documents are of considerable importance to airport sponsors and their compliance
  • 2025-03-11 12:15

    The Supreme Court Holds the Clean Water Act does not Authorize EPA to Include Receiving Water Limitations in San Francisco’s NPDES Permit

    In a decision issued last week, the Supreme Court of the United States held that the United States Environmental Protection Agency (EPA) exceeded its authority by including “receiving water limitations” in a National Pollutant Discharge Elimination System (NPDES) permit, siding with the City and County of San Francisco in City & County of San Francisco
  • 2025-02-25 14:47

    KK Law Alert: Agencies Instructed to Continue NEPA Analysis as Usual as Regulatory Landscape Shifts

    On January 20, 2025, President Trump issued Executive Order 14154, Unleashing American Energy, which directed the Council on Environmental Quality (CEQ) to propose rescinding CEQ’s NEPA regulations and to instead provide guidance on implementing the National Environmental Policy Act (NEPA). Executive Order 14154 also explicitly revoked the 1977 Carter Administration’s Executive Order 11191 which directed CEQ
  • 2024-05-16 13:17

    FAA Reauthorization Act Makes Key Changes to Airport Law

    Congress passed the FAA Reauthorization Act of 2024 (the Act) yesterday, sending it to the President’s desk to be signed into law this week.  Once signed, the Act will reauthorize the Federal Aviation Administration (FAA), the Airport Improvement Program (AIP), and numerous other aviation-related federal programs through September 2028.  Several airport-industry organizations have already comprehensively
  • 2023-07-12 13:28

    Kaplan, Kirsch Rockwell Airport Law Digest 2023 Mid-Year Update No. 38

    We are pleased to share Kaplan Kirsch & Rockwell’s Airpot Law Digest - 2023 Mid-Year Update. This Airport Law Digest includes a list of key airport- related cases decided over the first six months of 2023, new DOT and FAA rules, policies, and guidance, and reports, studies, and articles of interest to airport legal professionals. We have attempted to provide links to publicly available documents, and most other documents are available via subscription services such as Westlaw or LexisNexis. We hope you find this Digest useful in your efforts to remain current in the always-evolving legal and regulatory framework that governs airports. If you have questions about any of the materials in this Digest, please contact editors Nicholas Clabbers and Adam Gerchick, or any other Kaplan Kirsch & Rockwell attorney who normally represents you. As with all of our Kaplan Kirsch & Rockwell publications, this Digest is not intended to provide legal advice which requires a specific analysis of how the law applies to particular facts. Please consult with your counsel if you wish to understand how the cases and other materials cited in the Digest apply to your own situation. | Articles | Litigation | Federal Legislation | Federal Rules, Orders, and Guidance | Reports, Studies, Articles, and Other Publications CONTENTS https://www.kaplankirsch.com/People/Nicholas-Clabbers https://www.kaplankirsch.com/People/Adam-Gerchick https://www.kaplankirsch.com/People/Adam-Gerchick https://www.kaplankirsch.com/People https://www.kaplankirsch.com/People Congress Takes Up FAA Reauthorization For airport policy, few actions have more impact than Congress’s recurring reauthorization of the FAA and its programs. This September 30, the FAA’s 5-year statutory authority sunsets, so…
  • 2023-04-24 15:13

    KKR – Airport Law Alert, FAA Section 163 Land Use Policy, September 2022

    FAA Issues Potentially Sweeping Changes to Airport Land Use Regulation September 16, 2022 The Federal Aviation Administration (FAA) has published a Draft FAA Policy Regarding Processing Land Use Changes on Federally Acquired or Federally Conveyed Airport Land (the “Policy”). The proposed Policy is available here. The Policy addresses how the FAA will review and approve sponsor requests to use certain airport property for non-aeronautical purposes. The proposal has potentially significant implications for airport sponsors’ leasing practices. Because of the open questions presented by the Policy and the apparent nature of the proposed changes, sponsors should strongly consider commenting prior to the October 17, 2022 deadline. The FAA’s stated purpose in adopting the Policy is to “confirm[] and clarify[y] its prior policy and practice regarding the implementation of its statutory responsibility to review and approve or consent to, or deny, requests for land use changes on federally acquired or federally conveyed land.” However, the Policy has the potential to significantly change certain elements of the way that the FAA considers and approves sponsor requests for non-aeronautical and mixed use of airport property. Applicability. FAA has previously issued guidance to implement Section 163 of the FAA Reauthorization Act of 2018, which generally limits the FAA’s authority to regulate the use of airport property. The FAA’s new land use Policy would apply where Section 163 does not: that is, to land use changes (1) on airport property acquired by the sponsor with federal assistance or through a federal surplus property donation or (2)…