Barbara E. Lichman, Ph.D., J.D.

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As if seven years of wrangling were not enough, the Federal Aviation Administration (FAA) is now proposing changes to the current airspace utilization at Kennedy and Philadelphia International Airports.

From 2002 to 2009, governmental and private entities from Connecticut to Pennsylvania, including the State of Connecticut, various local jurisdictions in New York State, environmental…

It has come to our attention that the most recent revision of the California Airport Land Use Planning Handbook (Handbook) has just been released for public review and comment. The review period will end December 27, 2010.

The Handbook and the Airport Land Use Compatibility Plans (ALUCP) approved by many jurisdictions based on…

A Federal Court has recently thrown open the door to potential civil challenges to both private and governmental sources of greenhouse gas emissions, based on the Federal common law of nuisance. For those who believe the Environmental Protection Agency (EPA) has acted too slowly in promulgating greenhouse gas regulation, civil actions are now possible at least in the Second Circuit. However, the Supreme Court may now scrutinize the Second Circuit’s decision. Based on a recent Fourth Circuit decision on a similar issue, the “Nine” may be tempted to follow in Moses’ footsteps and pare down the Second Circuit decision to apply only to greenhouse gas emissions from Federal projects.

Continue Reading Preemption Rears its Head Again in Federal Common Law and Nuisance Climate Change Challenge

It’s a good thing that Los Angeles World Airports (LAWA) has finally begun to pull the mask of safety from its plan to move Runway 24R in the Los Angeles International Airport (LAX) North Airfield Complex closer to Westchester Homes. According to the Federal Aviation Administration (FAA), only three of the total twelve runway incursions…

A recently announced plan by the San Bernardino County Association of Governments (SANBAG) to convert carpool lanes on the 10 and 15 freeways to toll lanes will not realize the proposal’s intended purpose, i.e., to reduce traffic in the carpool lanes. Rather, it will temporarily serve to push freeway carpool lane traffic out of the carpool “frying pan” into the main lanes “fire.”

Continue Reading Proposed Carpool Lane Tolls in San Bernardino Won’t Reduce Traffic

Much has been made by progressive bloggers and commentators of the 17 energy investments owned by Judge Martin Feldman of the Federal District Court in New Orleans. Judge Feldman recently granted a preliminary injunction to energy company challengers to the Obama Administration’s May 22, 2010 moratorium on deep water drilling in the Gulf of Mexico. Those commentators missed the point. While Judge Feldman may, or may not, have breached the Canon of Judicial Ethics by deciding a case in which he had a financial interest, it is Chevalier, Allen & Lichman’s view, based on extensive experience in litigation against government agencies in the Federal courts, that Judge Feldman made manifest errors of law by failing to grant deference to the Department of the Interior in its determination that further drilling without additional safety inspections would endanger the public safety, and by allowing the economic interests of drilling companies to carry the weight in the balance of harms.

Continue Reading Forget His Investments – Judge Feldman is Wrong for All the Right Reasons

As recently as early June, 2010, another competitor entered the field for the right to provide rail service from Las Vegas to Southern California: Genesis High Speed Rail America, LLC. The critical question is starting to emerge as to whether anticipated ridership can support not one, or two, but three entrants into the field.
Continue Reading The High Speed Rail Right of Way Gets Crowded

Much has been made recently of the studies currently underway in areas around Boston Logan and Santa Monica Airports, aimed at determining the health impacts of those airports on surrounding populations.  While the aim is noble, and the information to be gained useful in structuring individual living choices, the result will have little or no impact on the operation of those airports. 

 
Continue Reading Santa Monica and Logan Airport Health Studies are Targeting the Wrong Problem

Under the 1985 John Wayne Airport Stipulated Settlement Agreement, as amended in 2003, regularly scheduled commercial users operating at JWA shall not serve more than 10.3 million annual passengers in any year beginning on January 1, 2003 through December 31, 2010, and not more than 10.8 MAP beginning on January 1, 2011 through December 15, 2015. To maintain passenger traffic within those limits, and to balance the needs of the Orange County community for adequate commercial air transportation facilities and the desire of the local community for environmentally responsible air transportation operations at JWA, the County, in its capacity as proprietor and operator of JWA, imposed noise restrictions; implemented Permitted Commercial Operations Hours (commonly referred to as a “curfew”); and adopted limits on the noise levels of aircraft operating at JWA, and the number of passengers those aircraft could accommodate in any year.

Continue Reading Summary of the John Wayne Airport Phase 2 Access Plan