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1 John E. Putnam, et al., State and Federal Regulations That May Affect Initiatives to Reduce Airports' GHG Emissions 1 (2012)

handle is hein.scsl/stfermaya0001 and id is 1 raw text is: November 2012 AIRPORT COOPERATIVE RESEARCH PROGRAM Sponsored by the Federal Aviation Administration 17 STATE AND FEDERAL REGULATIONS THAT MAY AFFECT INITIATIVES TO REDUCE AIRPORTS' GHG EMISSIONS This report was prepared under ACRP Project 11 -01, Legal Aspects of Airport Programs, for which the Transportation Research Board (TRB) is the agency coordinating the research. The report was prepared by John E. Putnam, Kaplan Kirsch and Rockwell LLP; Lala T. Wu, Kaplan Kirsch and Rockwell LLP; and Stephanie J. Tatham. James B. McDaniel, TRB Counsel for Legal Research Projects, was the principal investigator and content editor. There are over 4,000 airports in the country and most of these airports are owned by governments. A 2003 survey conducted by Airports Council International-North Amer- ica concluded that city ownership accounts for 38 percent, followed by regional airports at 25 percent, single county at 17 percent, and multi-jurisdictional at 9 percent. Pri- mary legal services to these airports are, in most cases, provided by municipal, county, and state attorneys. Reports and summaries produced by the Airport Con- tinuing Legal Studies Project and published as ACRP Le- gal Research Digests are developed to assist these attor- neys seeking to deal with the myriad of legal problems encountered during airport development and operations. Such substantive areas as eminent domain, environmen- tal concerns, leasing, contracting, security, insurance, civil rights, and tort liability present cutting-edge legal issues where research is useful and indeed needed. Air- port legal research, when conducted through the TRB's legal studies process, either collects primary data that usually are not available elsewhere or performs analysis of existing literature. There is a growing movement among state and federal agencies to focus on transportation systems, including air- ports, in the ongoing efforts to reduce carbon emissions. This interest stems from a variety of motivations, includ- ing concerns about the long-term sustainability of the aviation industry; the potential for mandatory regulation of airport activities in the future; the existing policies of state, county, or municipal entities; growing interest from airlines and other tenants; and the leadership of airport staff and boards. In California for example, the San Diego Airport's Master Plan became the subject of focus by the California Attorney General pursuant to state law. Subse- quently, the Attorney General and the San Diego Airport entered into a Memorandum of Understanding (MOU) that specifies the measures the Airport will take to reduce greenhouse gas (GHG) emissions. However, under feder- al law, primarily, the U.S. Environmental Protection Agency and the Federal Aviation Administration (FAA) have authority to regulate aircraft emissions. It can be ex- pected that ongoing state and federal mandates to reduce GHG emissions will have an impact on airports nation- wide as the FAA and states seek ways to accomplish air- port GHG reductions. This digest introduces airport management and staff to legal issues that are relevant to implementing GHG miti- gation measures at airports. It also provides a compilation of carbon reduction initiatives at airports that categorizes the efforts in terms of distinguishing between green building requirements and other building code directives (e.g., energy efficiency initiatives, lighting and HVAC efficiency improvements, and use of solar energy), and efforts directed at reducing aircraft GHG emissions (e.g., by use of preconditioned air units and aircraft tugs, or limits on engine idling). This digest also identifies and discusses the range of federal, state, and local legal issues that may be associated with the implementation of these types of measures.

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