The decision of the Federal District Court for the Northern District of Idaho in SilverWing at Sandpoint, LLC v. Bonner County, a case that has been “hanging fire” for almost two years, was worth the wait. On Friday, November 21, 2014, the Court granted Defendant Bonner County (“Bonner County”) summary judgment on all Plaintiff SilverWing at Sandpoint, LLC’s (“SilverWing”) federal claims for inverse condemnation, or “taking,” of private property by a public entity without just compensation, in violation of the 5th Amendment to the United States Constitution, and 42 U.S.C. § 1983, or violation of a plaintiff’s constitutional or other federal rights by a person acting under color of state law. See, e.g., Monell v. Department of Social Servs., 436 U.S. 658, 690 (1978). In addition, the Court granted summary judgment on SilverWing’s state law contract claim for breach of the covenant of good faith and fair dealing.
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.
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
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”).
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.
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.