Aviation represents one of the most dynamic and challenging economic sectors in the domestic and international economy, and environmental and sustainability issues are among its most important priorities. B&D's longstanding presence in the airline industry enables us to craft strategies that not only succeed legally but also advance the business goals of our aviation clients.

Home to Airlines for America (A4A)’s most recent Vice President for Environmental Affairs, we have represented the commercial aviation industry’s principal trade association A4A for over 30 years, as well as individual passenger and cargo carriers, engine and equipment manufacturers, and aerospace companies, on environmental, health, and safety regulatory and litigation matters that arise under the National Environmental Policy Act (NEPA), the Clean Air Act, the Clean Water Act, the Safe Drinking Water Act, the Federal Aviation Regulations, the Federal Aviation Act (FAA), the Airport Noise and Capacity Act, the International Civil Aviation Organization, and the Chicago Convention.

Focus

We draw on our comprehensive environmental legal experience and industry knowledge to enable aviation companies to manage business and regulatory risks while ensuring environmental compliance and achieving proactive sustainability goals.

Our experience includes:

• Advising on federal preemption advocacy and litigation relating to efforts by state and local governments seeking to impose environmental and safety requirements on airline operations.
• Securing permits under the National Environmental Policy Act (NEPA) for airport improvements and new construction.
• Compliance by commercial and cargo airlines on regulations for transporting hazardous and dangerous goods in the U.S. and internationally.
• Drafting and substantiating sustainability claims involving U.S. Securities and Exchange Commission reporting, greenwashing, and use of sustainable aviation fuels.
• Conducting environmental justice audits and assessments to highlight risks and opportunities across airline operations.
• Tracking policy developments, supporting advocacy and comment drafting, and engaging with federal and state regulators.

Representative Matters

Our aviation industry and airline experience includes:

• Successfully defended ten airlines in a takings and nuisance action premised on noise claims arising from aircraft operations at a major airport. A number of property owners in the areas adjacent to the airport brought a takings action based on the flight paths of air carriers who provided scheduled service to the airport. B&D filed a motion on behalf of the carriers to dismiss that action on preemption grounds which was successful and resulted in the dismissal of the claims.
• On behalf of the airline industry, successfully challenged state regulation of air emissions on preemption grounds under Section 209 of the Clean Air Act. B&D also represented the industry in a successful defense of a challenge to the Section 231 emission standards for aircraft.
• Preparing briefs in the successful defense of the Environmental Protection Agency’s (EPA) aircraft engine greenhouse gas and particulate matter emissions standards, which had been adopted consistent with internationally negotiated standards.
• Representing multiple commercial and cargo air carriers regarding National Pollutant Discharge Elimination System permitting and discharge issues applicable to stormwater, spill response and de-icing operations at airports across the country.
• Secured adoption by SAE of toxicity limitations for de-icing fluids, limiting the scope of an EPA rulemaking and saving the industry millions of dollars in treatment costs.
• Defending airports and airlines in challenges to NEPA approvals brought before the federal Courts of Appeals.
• Assisting with an airline’s effort to reduce single-use plastics aboard aircraft by seven million pounds annually.