Monthly Archives: October 2008

Legal Analysis of the FAA’s Slot Auction Rule for JFK and Newark Part 2

Analysis of Legal Issues Regarding Slot Auctions, Part Two. Having established previously that the FAA does not have specific authority to lease or otherwise dispose of slots, FAA turns to its general power to dispose of property in order to … Continue reading

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FAA Publishes a Draft Environmental Impact Statement for Palm Beach International Airport’s Airfield Enhancement Project

On September 26, 2008, the FAA published a Draft Environmental Impact Statement (DEIS) for the construction and operation of proposed airfield improvements to Palm Beach International Airport (PBIA) “to accommodate existing and projected aviation demand.”  Comments on the DEIS are … Continue reading

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Legal Analysis of the FAA’s Slot Auction Rule for JFK and Newark Part 1

Pt. 1: Setting The Stage When the FAA adopted its slot auction rules for LaGuardia, JFK  and Newark Airports, it did so despite the fact that the GAO had issued a legal opinion stating that it believed that the FAA … Continue reading

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Draft Environmental Impact Statement for the “Capacity Enhancement Project” at Philadelphia International Airport is Published

The FAA recently published the Draft Environmental Impact Statement (DEIS) for its “Capacity Enhancement Project” (CEP) (warning! this is a large file, the DEIS is broken up into Chapters at the end of this post) at the Philadelphia International Airport … Continue reading

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Despite GAO Ruling FAA Issues Congestion Management Rules for JFK, Newark and LaGuardia

In a gutsy move that is sure to draw the ire of Congressional leaders as well as the Air Transport Association, the FAA announced last Friday, October 10, 2008, that it had promulgated two “congestion management” rules:  one for LaGuardia … Continue reading

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GAO Declares FAA Does Not Have Legal Authority to Auction Slots

The GAO, in a legal opinion issued September 30, 2008, declared that “FAA currently lacks the authority to auction arrival and departure slots, and thus also lacks authority to retain and use auction proceeds.”  This legal opinion came as a … Continue reading

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