Community Representation

FAA Challenge: Represented City of Los Angeles in a successful challenge to the Federal Aviation Administration’s (FAA) determination that new arrival routes in Los Angeles International Airport were categorically exempt from environmental review under National Environmental Preservation Act and other federal statutes; successfully compelled FAA to conduct thorough environmental review in a rare case where the Court of Appeals found FAA environmental review to be inadequate. City of Los Angeles v. Dickson, 2021 U.S. App. LEXIS 20248 (9th Cir. July 8, 2021)

Environmental Rights Act Settlement: Represented City of Minneapolis in a challenge under Minnesota Environmental Rights Act to the sound insulation program at Minneapolis-St. Paul International Airport; secured settlement which provided for City-desired noise mitigation. Minnesota ex rel. City of Minneapolis v. Minneapolis Airports Commission (Minn. Dist. Ct. 2007)

Airport Expansion: Represented City of Burbank in a defense of authority under state law to review acquisition of property for airport expansion; Burbank-Glendale-Pasadena Airport Auth. v. City of Burbank, 64 Cal.App.4th 1217 (Cal. Ct. App. 1998). Represented City of Burbank in defense of transient parking tax. City of Burbank v. Burbank-Glendale-Pasadena Airport Auth., 72 Cal.App.4th 366 (Cal. Ct. App. 1999); over course of 25-year representation, litigated City powers and ultimately reached settlement through series of intergovernmental agreements that allowed redevelopment of airport while protecting City’s neighborhoods.

Runway Challenge: Represented local government in challenge to EIS for new runways that would destroy city parks. City of Bridgeton v. FAA, 212 F.3d 448 (8th Cir. 2000)

Land Use:  Represented coalition of local governments in challenge to land use approval for new runway project. City of Des Moines v. Puget Sound Regional Council, 988 P.2d 27 (Wash. Ct. App. 1999):

Clean Air Act:  Represented local government in Clean Air Act challenge to military base conversion. Conservation Law Foundation, Inc. v. Busey, 79 F.3d 1250 (1st Cir. 1996)

Property Acquisition: Represented city in defense of property acquisition adjacent to airport. City of Cleveland v. City of Brook Park, 659 N.E.2d 342 (Ohio Ct. App. 1995); over course of decades-long representation, assisted this small Ohio suburb in negotiation for a comprehensive set of agreements that allowed expansion of a major hub airport, development of an adjacent convention and trade center, and economic development to benefit both the suburb and the adjacent large city.

Zoning Regulations: Represented city in defense of zoning regulations controlling airport expansion. City of Cleveland, Ohio v. City of Brook Park, Ohio, 893 F.Supp. 742 (N.D. Ohio 1995)

Municipal Challenges: Represented municipalities in challenge to zoning applicable to airports. City of Irving v. Dallas/Fort Worth Int’l Airport Bd., 894 S.W.2d 456 (Tex. App. 1995)

EIS Challenge: Represented municipality in challenge to EIS for airport expansion. City of Grapevine, Tex. v. Dep’t of Transp., 17 F.3d 1502 (D.C. Cir. 1994)