Workshop Agenda

10:15 AM	WELCOME
10: 30 AM - 11: 30 AM	FUNDAMENTALS #1 – AN INTRODUCTION TO AIRPORT LAW Catherine M. van Heuven │ Kaplan Kirsch & Rockwell Sarah E. Wilbanks │ Kaplan Kirsch & Rockwell This session provides an introduction both to the workshop and to airport law generally. Presenters will provide an engaging and not-too-serious introduction on how airport law is different from aviation law, the law governing other transportation modes, or more general municipal law. This session explores the way the federal government (especially the FAA) regulates airports and the activities of airport proprietors, primarily through federal grant agreements. Attendees can expect a discussion of the authority of the federal government and local governments with an emphasis on understanding where federal regulation is pervasive, where legal authority is shared, and where there is only limited federal regulatory oversight. It introduces common terms and legal relationships among the various stakeholders and provides background for new attendees at the workshop and attendees experienced in airport management but new to the field of airport law. This session is essential for attendees new to the field.
11:30 AM - 1:15 PM	LUNCH AND KEYNOTE SPEAKER Bookda Gheisar │ Port of Seattle Ms. Gheisar, the Senior Director of the Office of Equity, Diversity and Inclusion for the Port of Seattle, will discuss the importance of DEI in the airport environment. She is deeply passionate about creating systemic, transformational change, and has a proven track record of grounding her work within communities that are most impacted by racial and economic inequities. This presentation will offer strategic advice for airport professionals (with a focus, of course, on lawyers) in ensuring that their work is sensitive to communities of color.
1:15 PM - 2:15 PM Simultaneous Sessions	FUNDAMENTALS #2 – REGULATION OF AIRPORT FINANCES Peter J. Kirsch | Kaplan Kirsch & Rockwell Dan Benzon | Landrum & Brown Local government lawyers are often surprised to learn of the fundamentally different structure for airport finances than for other government departments of functions. Understanding the permissible sources and uses of funds for airports is one of the foundations of airport law. This session offers an introduction to the unique federal legal requirements and contractual obligations which constrain how airports generate revenue and how airport sponsors can use airport funds. The focus will be on the legal principles and sources of law rather than on financial tools for airport financial decision-making. As a basic session, it provides the foundation for later sessions on the financial and business relationships among airport sponsors and their tenants, users and customers and federal regulators.
	ADVANCED TOPICS IN AIRPORT FINANCE (DEBT FINANCING, BOND FINANCING AND OTHER FINANCIAL TOOLS) David Y. Bannard | Kaplan Kirsch & Rockwell This session takes a deep dive into the available sources of capital funding for airport capital projects and the various legal issues that arise from accessing these funding sources. This session assumes a familiarity with the law applicable to airport finances and, with that background, provides an overview of these complex issues. Most large capital programs rely on the use of multiple sources of funds, and these must be coordinated to ensure that airport sponsors are able to maximize funding for eligible project elements. We also discuss trade-offs of using bond or other debt financing and privatizing elements of the capital program, including risk-shifting and -sharing and how these sources are affected by the use of AIP grants, PFCs and other available sources of funding. This is an interactive session where questions and insights from attendees are welcome.
2:15 PM - 2:30 PM	BREAK
2:30 PM - 3:30 PM	FUNDAMENTALS #3 – KEY GRANT ASSURANCES AND THE FAA REGULATORY COMPLIANCE PROGRAM W. Eric Pilsk | Kaplan Kirsch & Rockwell Adam E. Gerchick | Kaplan Kirsch & Rockwell The AIP grant program’s 39 Sponsor Assurances touch on virtually every aspect of airport governance, finance, and operations and are the primary means for FAA regulation of airports. Understanding the grant assurances is a critical tool for every airport lawyer. This session focuses on some of the most important grant assurances, including those that prohibit economic discrimination and exclusive rights, and those that regulate rights and powers, revenue use, self-sustainability, operations, and airport development. We also discuss how the FAA enforces the grant assurances through voluntary compliance, the informal Part 13 process, and the formal Part 16 process.
3:30 PM - 3:45 PM	BREAK
3:45 PM - 4:45 PM Simultaneous Sessions	FUNDAMENTALS #4 – AIRPORT PROPRIETOR RELATIONS WITH AIRPORT USERS - MINIMUM STANDARDS, LEASING POLICIES, RULES & REGULATIONS Nicholas M. Clabbers | Kaplan Kirsch & Rockwell Curt Castagna, C.M. | Aeroplex Group Partners, LLC Establishing, reviewing, and regularly updating a thoughtful governance structure is critical in ensuring that an airport sponsor remains in compliance with its federal obligations, particularly in interactions and negotiations with tenants and other users. This session discusses the rationale behind, and strategies for developing, various airport rules, policies, and standards and other principal governance and regulatory documents. The speakers explain an airport sponsor’s legal obligations as well as best practices to ensure a smooth process for adopting or amending its policies and standards.
	MANAGING COMPETITION AMONG AERO AND NON-AERO TENANTS Eric T. Smith | Kaplan Kirsch & Rockwell Steven L. Osit | Kaplan Kirsch & Rockwell Misti Ernsberger | Port of Seattle The airport sponsor is in a unique position with respect to both its airline and non-airline users to address competition that may arise among users. Addressing these issues requires striking an appropriate balance between legal/regulatory obligations and the sponsor’s interest in maintaining a robust and competitive aeronautical services. This session explores the legal/regulatory contours within which this sponsor must operate and discuss practical, real-world examples of how competition issues play out in the day-to-day operation of an airport.
5:00 PM+	WELCOME RECEPTION

8:30 AM - 9:30 AM	ALPs, MASTER PLANNING, AND ENVIRONMENTAL REVIEW Catherine M. van Heuven | Kaplan Kirsch & Rockwell Patricia Deem, Esq. | FAA Office of the Chief Counsel Dave Full | RS&H Airport master planning and development is legally complex because of the web of federal, state, and local land use requirements imposed on airport sponsors. Presenters include an FAA attorney and an experienced professional consultant who frequently have had to navigate these issues. The preparation and understanding of airport layout plans is critical for any airport lawyer since this document plays a pivotal regulatory role. Master planning and capital development at airports is different from other government facilities and especially different from private sector capital planning. This session walks participants through understanding the ALP, the master planning and development process from initial concept to completion of a project and the environmental approval process which affects the timing (and scope) of almost all airport capital projects.
9:30 AM - 9:45 AM	BREAK
9:45 AM - 10:45 AM Simultaneous Sessions	AIP AND INFRASTRUCTURE FUNDING AND OTHER GRANT PROGRAMS Peter J. Kirsch | Kaplan Kirsch & Rockwell Robin K. Hunt | Manager BIL Implementation Team, FAA Kristina Woodward | Ricondo & Associates This is a discussion session on funding opportunities for airport projects. Historically, the FAA’s Airport Improvement Program (AIP) was the principal federal funding program available for airport development projects. Now, sponsors have a much broader array of options, including loans under several federal programs including the Transportation Infrastructure Finance and Innovation Act (TIFIA), and new grant funding available under the Bipartisan Infrastructure Law (BIL) for projects that historically have not been AIP-eligible. Panelists discuss the nuances of various funding options, how each program integrates with AIP, and how to navigate the differing requirements for funding.
	ADVANCED AIR MOBILITY (AAM) AND AIRPORT ELECTRIFICATION CHALLENGES AND OPPORTUNITIES Steven L. Osit | Kaplan Kirsch & Rockwell Sarah M. Keane | Kaplan Kirsch & Rockwell Airports are beginning to prepare for the introduction of new, predominantly electric vertical takeoff and landing (eVTOL) aircraft by undertaking vertiport planning and development projects, as well as constructing microgrids or considering other means of enhancing the airport’s ability to accommodate the power demands of its users. The increasingly rapid adoption of electric motor vehicles by airport patrons and rental car agencies is also placing unique demands on airport infrastructure. This session explores the legal challenges associated with developing the infrastructure to support the next generation of electric vehicles – both in the air and on the ground – and examines the types of legal agreements and their associated pitfalls between airports, developers, utilities, and end-users, to facilitate and implement these projects. The session examines the evolving regulatory landscape as it pertains to Advanced Air Mobility and vertiport siting, while touching on new federal developments that may provide incentives and opportunities for airports to accelerate electrification efforts.
10:45 AM - 11:00 AM	BREAK
11:00 AM - 12:00 PM Simultaneous Sessions	BASICS OF NEGOTIATION OF AIRLINE USE AND LEASE AGREEMENTS (AULAs) David Y. Bannard | Kaplan Kirsch & Rockwell Sarah E. Wilbanks | Kaplan Kirsch & Rockwell Although some airports establish rates and charges by ordinance or resolution, the majority of U.S. airport sponsors enter into a uniform airline use and lease agreement (AULA) with the signatory airlines operating at the airport. Negotiating AULAs with airlines is one of the most important and difficult tasks for airport senior staff, including counsel. The structure and terms of AULAs are continually evolving and this session explores the basics of negotiating these critically important agreements. We begin, as all such negotiations should, with consideration of the strategic issues for the sponsor, followed by an overview of the basic elements of an AULA and the issues that they raise. These important agreements establish the methodology for recovering the rates and charges from airlines for use of airport facilities as well as the terms of use of such facilities. We examine the law applicable to these complex agreements as well as best practices from recent negotiations and discuss the key legal issues that airport sponsors must address in these negotiations.
	ADVANCED AULA ISSUESS Eric T. Smith | Kaplan Kirsch & Rockwell Randall Fiertz | Alaska Airlines Sheri Ernico | Jacobs This session goes beyond the bedrock building blocks of an airport-airline agreement and/or rate resolution and tackles some of the major legal and practical challenges that face an airport sponsor when it sets out to devise a framework for airlines to operate at its airport. What an appropriate non-signatory premium may be in a given situation, what is a reasonable minimum to be a signatory, what rights to grant airlines in hold-rooms/gates, whether to require security deposits/letters of credit, and what may be a reasonable means of charging for joint use systems (such as baggage handling systems) are among the topics we address during this real-world based session.
12:00 PM - 1:30 PM	LUNCH | THE LIGHTER SIDE OF AIRPORT LAW Nicholas M. Clabbers │ Kaplan Kirsch & Rockwell This lunch session will put a more amusing spin on the issues airport lawyers face in their daily practice. Just in case you didn’t think that lawyers could have a sense of humor, stay tuned for an enjoyable lunch!
1:30 PM - 2:30 PM Simultaneous Sessions	ACDBE AND TITLE VI COMPLIANCE AND BEYOND David Y. Bannard | Kaplan Kirsch & Rockwell, Moderator Dawn Hunter | Port of Seattle Raymond Christy | Salt Lake City Department of Airports Eric T. Smith | Kaplan Kirsch & Rockwell This interactive panel discussion starts with an outline of the applicable legal requirements applicable to Airport Concessions Disadvantaged Business Enterprises (ACDBEs) and other non-discrimination requirements and best practices for airports to comply with them. But this panel goes beyond mere compliance to consider how airports can be a catalyst for diversity, equity and inclusion for all stakeholders in the airport’s wider community through programs designed to encourage not only compliance but equity. We also examine the recently issued Notice of Proposed Rulemaking on Parts 23 and 26 and how those proposed changes may impact airports and their tenants. We explore lessons learned from the effects of the COVID-19 pandemic on ACDBEs and concessions programs at U.S. airports.
	FIRST AMENDMENT, ADVERTISING, MEDIA RIGHTS, AND PUBLIC COMMUNICATIONS Steven L. Osit | Kaplan Kirsch & Rockwell Tiffany N. Evans | Kaplan Kirsch & Rockwell Airports occasionally find themselves in the cross hairs of social and political debates – whether it be over immigration issues, labor relations, or the impacts of development. This session explores the evolving law on permissible First Amendment activities on airport property, as well as the sophisticated tools airport sponsors have developed to strike the appropriate Constitutional balance. This session examines how airport sponsors can protect their own intellectual property, and discuss burgeoning legal issues concerning the collection, storage, and use of data that airport sponsors obtain from their customers, concessionaires, and other contractors.
2:30 PM - 2:45 PM	BREAK
2:45 PM - 3:45 PM	CURRENT ADMINISTRATION PRIORITIES, LATEST DEVELOPMENTS ON CAPITOL HILL AND AT FAA HQ (INCLUDING DEI INITIATIVES, ENVIRONMENTAL JUSTICE, FAA REAUTHORIZATION, UNLEADED FUEL, CLIMATE INITIATIVES) Peter J. Kirsch | Kaplan Kirsch & Rockwell, Moderator Kristina Woodward | Ricondo Shannetta Griffin | FAA Associate Administrator for Airports Joseph Manges | FAA Office of the Chief Counsel, Airports Law Branch Justin Barkowski | American Association of Airport Executives One of the most popular sessions at the annual Airport Law Workshop has been the regular briefing on what is happening in Washington – in Congress, at FAA headquarters and at other federal agencies. This year is an especially important time to understand the playing field in Washington as we approach debate over a new FAA Reauthorization Act and the political winds have shifted in favor of infrastructure development. The panel will discuss the latest policy initiatives from the Administration and the FAA with a particular focus on new environmental and climate-related policies, increased attention on diversity, equity and inclusion, and the availability of nontraditional federal funding for airport projects.
3:45 PM - 4:00 PM	BREAK
4:00 PM - 5:00 PM	LATEST TSA REGULATORY DEVELOPMENTS Francine Kerner | Transportation Security Administration This workshop’s annual presentation from the TSA’s Chief Counsel on legal issues in airport security is always a workshop highlight. The first and only TSA Chief Counsel provides an update on current legal issues facing the agency and offers an insider’s perspective on how the TSA interacts with local law enforcement, airport staff, and airport counsel. This session provides a frank, off-the-record discussion of legal problems facing airport security and offers participants an unusual opportunity for a direct dialogue with the most influential lawyer on security issues in the federal government.
5:30 PM ?	YOUNG LAWYERS RECEPTION (TIME AND LOCATION TO BE ANNOUNCED)

8:30 AM - 9:30 AM	NON-AERONAUTICAL DEVELOPMENT INCLUDING APPLICATION OF SECTION 163 AND PRIVATE INVESTMENT Peter J. Kirsch | Kaplan Kirsch & Rockwell Catherine M. van Heuven | Kaplan Kirsch & Rockwell Airport sponsors increasingly are looking to their non-aeronautical property to increase revenue and diversify their revenue stream. Development of such property carries its own challenges, especially for airport staff who might not be familiar with real estate development in the private sector and with negotiating complex development transactions. This session explores best practices in negotiation of development deals with a particular focus on changes in federal law that reduce the level of regulatory oversight and supervision imposed by the FAA. The FAA issued guidance in 2020 to implement Section 163 of the FAA Reauthorization Act of 2018, which eliminated FAA approval for many projects that do not affect the core aeronautical functions at an airport. This session will explain that guidance and revised guidance issued in 2022 and the implications for new real estate development.
9:30 AM - 9:45 AM	BREAK
9:45 AM - 10:45 AM Simultaneous Sessions	ENVIRONMENTAL OBLIGATIONS, PFAS AND ENVIRONMENTAL LIABILITY Sara V. Mogharabi | Kaplan Kirsch & Rockwell Thomas A. Bloomfield | Kaplan Kirsch & Rockwell Airport operators face a myriad of complex and constantly evolving environmental compliance obligations. This session provides an overview of the environmental impacts of airport operations as well as strategies for managing those impacts, ranging from local issues like air, water quality and environmental contamination to those of broader concern, such as climate change. The panel discusses options and strategies for cost recovery and unique challenges for emerging contaminants, which are turning up at airports across the country. The program also includes a deep dive into recent developments and predictions for PFAS, which has become a critical issue for airport operators.
	SAFETY MANAGEMENT AND SECURITY Nicholas M. Clabbers | Kaplan Kirsch & Rockwell Slone P. Isselhard | Kaplan Kirsch & Rockwell Operating a safe and secure airport is one of an airport sponsor’s most important obligations. Airport lawyers must understand the source of these obligations to ensure regulatory compliance, as well as to protect their clients from liability for airfield and other accidents or security incidents. This session discusses a sponsor’s general safety obligations under 14 CFR Part 139 and federal grant assurances, as well as, practical tips for attorneys tasked with responding to potential violations of those obligations or other safety and security incidents.
10:45 AM - 11:00 AM	BREAK
11:00 AM - 12:00 PM	ETHICS AND LAWYERS' DIVERSITY, EQUITY AND INCLUSIVITY OBLIGATIONS Samantha R. Caravello | Kaplan Kirsch & Rockwell W. Eric Pilsk | Kaplan Kirsch & Rockwell Events over the past several years have sparked a heightened concern over diversity, equity, and inclusion, and equity (DEI) issues. The Biden administration, including the FAA, has made DEI values a fundamental guiding principle of policy decisions. DEI values have also become an area of focus in the legal profession, particularly since the ABA adopted Model Rule 8.4(g) in 2016. This panel examines the ethical obligations of a lawyer regarding DEI issues, including harassment and discrimination, under Model Rule 8.4(g) and other Rules of Professional Conduct even where Model Rule 8.4(g) has not been adopted.