TagKaplan Kirsch Rockwell(12)
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2025-10-01AAA Basics of Grant Assurances
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. -
2025-07-07Significant 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 On June 30, 2025, FAA rescinded its previous NEPA procedures and issued new Order 1050.1G, Environmental Impacts: Policies and Procedures, to address the recent rescission of the Council on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 -
2025-05-30U.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
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 -
2025-04-25FAA/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 -
2025-03-11The 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 -
2025-02-25KK 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 -
2024-05-16FAA 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 -
2023-07-01Airport Law Digest: 2023 Mid-Year Update
The Kaplan Kirsch & Rockwell Airport Law Digest 2023 Mid-Year Update covers key developments in U.S. airport law and policy from the first half of 2023, including proposed FAA reauthorization legislation that would affect airport funding, land use approvals, and grant assurances. Both the House and Senate introduced bills that would increase Airport Improvement Program grants to $4 billion annually and clarify the FAA's limited role in airport land use decisions. The digest also summarizes recent litigation, federal rules, and regulatory guidance relevant to airport operators and legal professionals. -
2022-09-16Airport Law Alert: FAA Issues Potentially Sweeping Changes to Airport Land Use Regulation
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.