Legal

WHEN AN AIRPORT SPONSOR ASSUMES THE FUNCTION OF PROTECTING THE FINANCIAL INVESTMENT OF A STARTUP FBO, IT RUNS THE RISK OF VIOLATING FAA SPONSOR GRANT ASSURANCE 22(c)

A BRIEF OVERVIEW OF STATUTORY AND REGULATORY PROVISIONS THAT FORBID ECONOMIC DISCRIMINATION AT PUBLIC USE AIRPORTS When an airport operator receives financial assistance from the United States Government to create or render improvements to a public use airport, the Airport Sponsor is required to execute grant assurances. READ FLIGHTWATCH 315 – 7-27-23
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ON OCCASION, THE NATIONAL TRANSPORTATION SAFETY BOARD ADMINISTERS JUSTICE

By: Alan Armstrong INTRODUCTION AND OVERVIEW It is no secret that many aviation practitioners do not hold the National Transportation Safety Board (“NTSB” or “Board”) in high esteem in terms of administering justice in aviation enforcement proceedings. The ability of the Board to administer justice is dubious at best. The ad hoc nature of many…
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Why The County Finally Gave Up Its 20 Years Fight to Ban Jets at Lantana Airport

The skies and runways are now open again for jets at Lantana Airport. Read more about our successful case online on YAHOO NEWS or you can download the PDF below.
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Argument Before the 11th Circuit US Court of Appeals

The case involves the jet ban at Lantana Airport which has been stricken as unlawful by the FAA on three occasions. Arguing a case before an appellate court requires a great deal of preparation.
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NTSB and FAA drug test error

Can a pilot be sanctioned for refusing a drug test when the technician administering it fails to follow the rules? On Monday, December 13, 2021, the United States Court of Appeals for the District of Columbia will hear oral arguments in Pham v. National Transportation Safety Board and the Federal Aviation Administration.
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Judicial deference and the futility of litigating civil penalty cases

In the sphere of administrative law that pertains to aviation litigation, due process is a commodity in very short supply. In fact, the notion of “administrative law” is an oxymoron because of the dearth of due process available in the administrative arena.
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Structuring Flight Operations of Jet Aircraft

Structuring the operations of expensive aircraft operated by well-endowed corporations is an activity associated with hazards. Engaging in this work requires a thorough understanding of the Federal Aviation Regulations, FAA Advisory Circulars, pertinent exemptions, and case law. In this article, we will examine this complex and confusing area of the law. The basic questions are who or what exercises “operational control” over the flights of the aircraft, and do those operations require the operator to possess an air carrier certificate issued under Federal Aviation Regulations Part 135?
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Palm Beach requests stay on jet ban decision at Lantana Airport

On May 3, 2021, Palm Beach County (“PBC”) submitted a letter to the FAA Director of Airports requesting a stay of the FAA’s Final Agency Decision (“FAD”) requiring PBC to permit jets to operate at the Lantana Airport (KLNA). Three days after the FAA Final Agency Decision, PBC filed a Petition for Review with the United States Court of Appeals for the Eleventh Circuit.
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The Continuing Saga of Lantana Air Park

Captain Errol Forman (a retired Eastern Airlines pilot) has been engaged in a struggle with Palm Beach County for nearly five years to force Palm Beach County to lift its restriction on the operation of jet aircraft at the Palm Beach County Park commonly known as Lantana Airport (hereinafter as “Lantana” or “KLNA”). Captain Forman’s…
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Palm Beach County Jet Ban at Lantana Air Park Struck Down by FAA, January 13, 2021

The complaining party was Captain Errol Forman who is represented by Alan Armstrong, Esq., of Atlanta, Georgia. The FAA Associate Administrator struck down as a violation of FAA Sponsor Grant Assurance 22, the “Jet Ban” at KLNA.  The FAA has not only stricken the jet ban as unlawful, but has ordered Palm Beach County to…
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