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The National Academies

ACRP 11-01 [Active]

Legal Aspects of Airport Programs

  Project Data
Staff Responsibility: Marci A. Greenberger AAE
Research Agency: Transportation Research Board
Effective Date: 1/31/2006

The nation's airports need to have access to a program that can provide authoritatively researched, specific, limited-scope studies of legal issues and problems having national significance and application to their business. A program meeting the need for dealing with legal problems arising from highway programs was inaugurated in 1969 under the National Cooperative Highway Research Program. It has been maintained with continuation funding since that time with strong support and approval from the constituency it serves. Similarly, a transit legal research program was implemented in 1992 under the Transit Cooperative Research Program and has been continually funded since its inception. Such a legal research program would be beneficial to the Airport Cooperative Research Program.

The objective of this project is to provide legal research on topics of interest to the airport legal community based on periodic solicitations of potential topics. The project would produce an ACRP Legal Research Digest series of reports on legal issues associated with airport-related law. Each document would be intended to provide airport attorneys with authoritative, well-researched, specific information that is limited in scope. The studies would focus on legal issues and problems having national significance to the airport industry. Each year, numerous attorneys nationwide are involved in airport-related work; yet, there is no centralized collection of information on which they can depend. The ACRP Legal Research Digest series will provide airport-related legal research on a wide variety of legal topics.

Legal Research Digests published to date:

LRD No. 1         Compilation of Airport Law Resources (February 2008)

LRD No. 2         Theory and Law of Airport Revenue Diversion (June 2008)

LRD No. 3         Survey of Laws and Regulations of Airport Commercial Ground Transportation (July 2008)

LRD No. 4         Compilation of Digest-Parts 13 and 16 Determinations and Related Documents (November 2008) (Superseded by LRD 21)

LRD No. 5         Responsibility for Implementation and Enforcement of Airport Land-Use Zoning Restrictions (April 2009)

LRD No. 6         The Impact of Airline Bankruptcies on Airports (June 2009)

LRD No. 7         Airport Governance and Ownership (August 2009)

LRD No. 8         The Right to Self-Fuel (December 2009)

LRD No. 9         Case Studies on Community Challenges to Airport Development (July 2010)

LRD No.10       Analysis of Federal Laws, Regulations and Case Law Regarding Airport Proprietary Rights ( August 2010)

LRD No. 11       Survey of Minimum Standards: Commercial Aeronautical Activities at Airports (February 2011)

LRD No. 12       Fair Disclosure of Airport Impacts in Real Estate Transfers (November 2011) 

LRD No. 13       An Index and Digest of Decisions:  Compilation of Airport Law Resources (March 2012)

LRD No. 14       Achieving Airport-Compatible Land Uses and Minimizing Hazardous Obstructions in Navigable Airspace (April 2012)

LRD No. 15       Compilation of State Airport Authorizing Legislation (August 2012)

LRD No. 16       Procurement of Airport Development and Planning Contracts (September 2012)

LRD No. 17       State and Federal Regulations That May Affect Initiatives to Reduce Ariports' GHG Emissions (November 2012)

LRD No. 18       Buy America Requirements for Federally Funded Airports (February 2013

LRD No. 19       Legal Issues Related to Developing Safety Management Systems and Safety Risk Management at U.S. Airports (January 2013)

LRD No. 20       Airport Responsibility for Wildlife Management (July 2013)

LRD No. 21       Compilation of DOT and FAA Airport Legal Determinations and Opinion Letters Through December 2012 (supersedes LRD 4)

LRD No. 22       The Role of the Airport Sponsor in Airport Planning and Environmental Reviews of Proposed Development Projects Under the National Environmental Policy Act (NEPA) and State Mini-NEPA Laws (April 2014)

LRD No. 23       A Guide for Compliance with Grant Agreement Obligations to Provide Reasonable Access to an AIP-Funded Public Use General Aviation Airport.

LRD No. 24       Sovereign Immunity for Public Airport Operators (April 2015)

LRD No. 25       Analysis of State Laws, Regulations, Case Law, and Survey of Existing Airport NPDES Permits Regarding Tenant-Operator Responsibilities under NPDES and Stormwater Management BMPs under Owner/Airport's Operating Permits (August 2015)

LRD No. 26      Regulations Affecting the Exercise of First Amendment Activities at Airports (August 2015)

LRD No. 27     Fourth Amendment and Airports

LRD No. 28     Operational and Legal Issues with Fuel Farms

LRD No. 29      Impact of Firearms Laws on Airports

Research in progress:

 

Topic 6-02       Contract Risk Management for Airport

Topic 7-02       Preemption of Worker Retention and Labor Peace Agreements at Airports

Topic 8-02       Legal Risks of Operating a Public Airport

Topic 8-03       Evolving Law on Airport Implications by Unmanned Aerial Systems Operations

Topic 8-04       Legal Considerations in the Funding and Development of Multi-Modal Facilities


Under Development

Topic 8-01       Legal Issues Related to the Implementation and Operation of Safety Management Systems at Airports

Topic 9-01       Airport Public Health  Preparedness & Response:  Legal Rights, Powers & Duties

 

 

 

 

11-01/Topic 01-01 Compilation of Digest-Parts 13 and 16 Determinations and Related Documents

11-01/Topic 01-02 Theory and Law of Airport Revenue Diversion

11-01/Topic 01-03 Compilation/List of Airport Law Resources

11-01/Topic 01-04 Survey of Airport Laws and Regulation of Commercial Ground Transportation

11-01/Topic 01-05 Responsibilities for Implementation and Enforcement of Airport Land-Use Zoning Restrictions

11-01/Topic 01-06 Who is the Owner or Operator for Purposes of the Right to Self-fuel?

11-01/Topic 01-07 The Impact of Airlines Bankruptcies on Airports

11-01/Topic 01-08 The Law and Regulations of Airport Ownership

11-01/Topic 01-09 Survey of the Elements of Disparity Studies for Airport Disadvantaged Business Enterprise Programs.

11-01/Topic 02-01 Obstructions Affecting Navigatable Airspace
This topic was merged with Topic 2-02 and became Topic 2-05

11-01/Topic 02-02 Use and Success of Avigation Easements and Other Tools for Airport Compatible Land Use and Development of Model Language
This topic was merged with Topic 2-01 and became Topic 2-05.

11-01/Topic 02-03 Case Studies on Community Challenges to Airport Development

11-01/Topic 02-04 Analysis of Federal Laws, Regulations and Case Law Regarding Airport Proprietary Rights

11-01/Topic 02-05 Practices to Achieve Airport Compatible Land Uses and Minimize Obstructions in Navigable Airspace

11-01/Topic 03-01 Fair Disclosure of Airport Impacts in Real Estate Transfers

11-01/Topic 03-02 Compilation of State Aviation Authorizing Legislation

11-01/Topic 03-03 Survey of Minimum Standards Commercial Aeronautical Activities at Airports

11-01/Topic 03-04 Airport Rates and Charges: Law and Policy

11-01/Topic 03-05 State and Federal Regulations That May Affect Initiatives to Reduce Airports' GHG Emissions

11-01/Topic 03-06 An Index and Digest of Decisions in LRD 1

11-01/Topic 04-01 Airport Liability for Wildlife Management

11-01/Topic 04-02 Legal Issues Related to Developing SMS and SMRD Documents Which May be Available to the Public

11-01/Topic 04-03 Analysis of Federal Laws, Regulations, Case Law, and Survey of Existing Airport NPDES Permits Regarding Tenant-Operator Responsibilities Under NPDES and Storm Water Management BMPs Under Owner/Airport's Operating Permits

11-01/Topic 04-04 Buy America Requirements for Federally Funded Airports

11-01/Topic 04-05 Compilation of DOT and FAA Airport Legal Determinations and Opinion Letters, through December 2011

11-01/Topic 04-06 The Role of the Airport Sponsor in Airport Planning and Environmental Reviews of Proposed Development Projects Under the National Environmental Policy Act (NEPA) and State Mini-NEPA Laws

11-01/Topic 04-07 Procurement of Airport Development and Planning Contracts

11-01/Topic 05-01 Regulations Affecting the Exercise of First Amendment Activities at Airports

11-01/Topic 05-02 Sovereign Immunity for Public Airport Operators

11-01/Topic 05-03 The Fourth Amendment and Airports

11-01/Topic 05-04 A Guide for Compliance with Grant Agreement Obligations to Provide Reasonable Access to an AIP-Funded Public Use General Aviation Airport

11-01/Topic 06-01 Operational and Legal Issues with Fuel Farms

11-01/Topic 06-02 Contract Risk Management for Airport Agreements

11-01/Topic 07-01 Impact of Firearms Laws on Airports

11-01/Topic 07-02 Preemption of Worker Retention and Labor Peace Agreements at Airports

11-01/Topic 08-01 Legal Issues Related to the Implementation and Operation of Safety Management Systems for Airports

11-01/Topic 08-02 Legal Risks of Operating a Public Airport

11-01/Topic 08-03 Evolving Law on Airport Implications by Unmanned Aerial Systems Operations

11-01/Topic 08-04 Legal Consideration in the Funding and Development of Multi-Modal Facilities

11-01/Topic 09-01 Airport Public Health Preparedness & Response: Legal Rights, Powers & Duties

11-01/Topic 09-02 Legal Issues Relating to Airports Promoting Competition

11-01/Topic 09-03 Permitted Airport Involvement in Economic Development Efforts

11-01/Topic 10-01 Update of Compilation of FAA/DOT Airport Legal Determinations

11-01/Topic 10-02 Legal Issues Relating to Large Scale Airport Construction Projects

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