On January 8, 2008, the United States Environmental Protection Agency published its proposed revisions to the General Conformity Rules.  Under the Clean Air Act, a State develops a State Implementation Plan (SIP), which is the State’s plan for bringing sections of the state which do not comply with the Clean Air Act into compliance. Before any Federal agency takes or funds any action, it must ensure that the project will not interfere with the SIP – that is, it must assure that the Federal action is in “conformity” with the SIP. The General Conformity regulations are the regulations, promulgated by the EPA, implementing the Clean Air Act’s "conformity provision.

The General Conformity regulations have become critical to communities around airports because the FAA’s conformity determination is often the only analysis that the FAA will perform with respect to how its projects will affect the air quality in the area around the airport. Thus, we have sought to keep these regulations strong so that Federal agencies, such as the FAA, have to provide the communities around airports with information about the effect their projects have on air quality and ensure that the actions of the Federal agencies dop not adversely impact air quality in the communities.

The EPA’s proposed revisions, the way we read them, weaken those principles in the following ways:

  • By allowing Federal agencies, in certain instances, to shift the burden of proving that the project conforms to the SIP onto “third parties” (that is, the communities) and the EPA.
  • By allowing the Federal agencies to obtain permission to emit air pollutants without any connection to a particular project thereby eliminating the need for them to analyze air quality when they undertake projects. Thus, emission increases are effectively hidden in the SIP, unseen and unanalyzed by the communities.
  • By allowing the Federal agencies to unilaterally  decide when an analysis is necessary, rather than requiring them to perform an analysis every time.

Comments on the proposed revisions are due April 14, 2008, one month after a public hearing held in Washington D.C. on March 14, 2008.  We will post our comments as soon as they are submitted to the EPA.

LITIGATION

Dr. Lichman has an extensive and highly successful background in assisting public and private clients in complying with, seeking enforcement of, or, where necessary, aggressively litigating under environmental laws and regulations, including the:  

o  National Environmental Policy Act (NEPA);
o  Federal Water Pollution Control Act (The Clean Water Act);
o  Clean Air Act (CAA);
o  Comprehensive Environmental Response, Compensation and Liability Act (CERCLA);
o  Resource Conservation and Recovery Act (RCRA);
o  Endangered Species Act;
o  Historic Preservation Act;
o  California Environmental Quality Act (CEQA);
o  California Coastal Act;
o  Section 4F of the Department of Transportation Act;
o  Airport Noise and Capacity Act (ANCA); and
o  Aircraft and Noise Abatement Act (ASNA).

 

LAND USE PLANNING AND IMPLEMENTATION

Dr. Lichman also applies her hands-on experience in land use law to assist both public and private clients in developing strategies to move successfully through land use regulatory processes associated with the location of transportation projects so as to avoid disputes and/or successfully resolve disputes that do arise. Dr. Lichman provides legal guidance and support in:

o  the creation and application of airport land use compatibility plans (ALUCPs) under 
    California Public Utilities Code § 21670, et seq.;
o  relations with airport land use commissions (ALUCs) and communities surrounding airports;
o  airport land use and air installation compatibility use zone (AICUZ) plans;
o  airport master plans;
o  airport layout plans;
o  on airport and surrounding airport development issues;
o  airport noise and avoidance of noise problems;
o  noise variances;
o  FAR Part 150 noise programs; and
o  FAR Part 77 height and obstruction evaluation.
 

REGULATORY PROCEEDINGS

Dr. Lichman is also able to rely on a wide range of experience with government and regulatory agencies in:

o  representing commuter and regional airlines,
o  negotiating with the Federal Aviation Administration (FAA), state and local jurisdictions 
    concerning facility siting, regulatory and zoning issues for towers, buildings and other 
    tall structures;
o  representing fixed-base operators (FBOs) in negotiations with airports and challenges
    under 14 C.F.R. Part 16;
o  representing clients in rulemaking actions;
o  representing aircraft owners in FAA registration and recordation issues; and
o  dealing with evolving regulation of unmanned aircraft systems (“UAS” or “Drones”).

 

ADMINISTRATIVE ISSUES

Finally, Dr. Lichman devotes a substantial portion of her practice to providing legal services to public entities, aviation and airport providers and users in all facets of airport development, regulation and operations, including:

o  rates, charges and fees;
o  revenue diversion and use of revenues;
o  exclusive rights issues;
o  airport privatization;
o  ultralight and experimental aircraft;
o  licensing and certification;
o  ground and commercial leasing;
o  location and control of navigational aids and related negotiations;
o  FAA grant applications and grant assurances;
o  environmental compliance [storm water, underground storage tanks, environmental
    cleanups and liability];
o  relations with fixed-base operators;
o  “through the fence” issues; and
o  use, sale and disposition of airport property.
 

CONSULTANTS

Meszler Engineering Services is an engineering consulting firm specializing in transportation, energy and air quality related research and analysis. Its principal researcher, Daniel J. Meszler, P.E., has a long history of accomplishment in both the government/regulatory field, as Administrator of the Maryland Department of Environment, Mobile Sources Control Program, and in private industry, specializing in, among other things, analyses of the air impacts of airport and aircraft operation, and development of modeling tools for evaluation of greenhouse gas emissions from mobile sources. His numerous clients have included communities, such as the City of Las Vegas, Nevada and Inglewood, California, affected by airport operations; governmental entities such as the States of Vermont and Maryland in the adoption of the California Greenhouse Gas Emissions Standards for Motor Vehicles; and non-profit organizations such as the International Council on Clean Transportation, in the detailed analyses of aircraft, marine vessel and motor vehicle engines.

Williams Aviation Consultants, Inc. is a global aviation consulting corporation providing services in numerous aviation related areas ranging from national and international airspace and air traffic management to airport master planning and environmental analysis; airport development, including business strategies and operations; wind turbine impacts analysis; and obstruction evaluation for telecommunications towers and other tall structures around airports. Williams’ staff is made up of tested professionals from the Federal Aviation Administration and private industry in airspace management, airport planning and development, aviation design and manufacturing, and national and international information technology systems design. Clients have included law firms such as Chevalier, Allen & Lichman, LLP; utilities such as Duke Energy and Southern California Edison; real property development firms such as Pardee Construction Company and McMillin Development, San Diego, California; governmental entities, including the Bay Conservation and Development Commission, San Francisco, California; City of Tempe, Arizona; City of Las Vegas, Nevada; and Missouri Department of Highways; and international entities such as the Common Market for Eastern and Southern Africa (COMESA), Doha Qatar, Fujairah United Arab Emirates, and the Republic of Rwanda, Africa.
 

This Blog/Website provides the materials and information contained in this Blog/Website for clients and non-client internet users for informational purposes only. This Blog/Website is not a substitute for legal advice. Please consult with legal counsel for specific advice and/or information. Using or accessing this Blog/Website does not create an attorney-client relationship between the Blog/Website publisher and the acessing user or browser.

Copying, distribution, retransmission, or modification of materials or information contained on this site, in any form, is strictly prohibited.

The publishing lawyer and law firm values the privacy of its clients and Web/blog site viewers. Any of the following personal information that may be made available to the lawyer or firm when browsing or navigating the site shall be kept confidential:

  • First and last name
  • Company, home, postal or other physical address
  • Other contact information, for example, telephone number, fax number, email address, and other similar information
  • Title or position in a company or an organization
  • Occupation
  • Industry
  • Personal interests
  • Any other information needed to provide a service you requested

Continue Reading Privacy Policy