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David Heffernan and Jennifer Urban discuss how President Trump's recent executive order “Reducing Regulation and Controlling Regulatory Costs,” and anti-regulation policy generally, could impact the aviation industry.
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Regulation of the aviation industry is intense and unremitting. To achieve compliance and maximize economic performance, participants require dedicated aviation counsel. Very few law firms support an aviation practice as diverse and far-reaching as Cozen O’Connor’s, which is also nationally ranked by Chambers and Partners USA in Aviation Regulatory.
The firm represents major U.S. and foreign passenger and cargo airlines, airline trade associations, airports, aircraft, engine and equipment manufacturers, aircraft lessors, air travel distribution companies, unmanned aircraft systems (drone) manufacturers and operators, air/ground express delivery companies, and logistics specialists. Our attorneys also represent large corporations, banks, private equity funds, and other investors with aviation-related operations or transactions.
Cozen O’Connor attorneys advise clients on the full array of laws and regulations, including those enforced by the U.S. Department of Transportation (DOT), the Federal Aviation Administration (FAA), and the Department of Homeland Security and Transportation Security Administration (TSA). More specifically, the firm advises on economic and code-sharing authority, international frequencies and routes, antitrust immunity, export controls and sanctions, air travel distribution, licensing and certification, taxes and fees, airport slots, rates and charges, consumer enforcement, and safety and security. Cozen O’Connor regularly assists with major aviation-related transactions, including mergers, acquisitions, alliances, joint ventures, sale and leasing of aircraft, aviation financings, and aircraft management and ownership agreements. Our finance attorneys support innovative cross-border deals and work closely with attorneys in the tax practice to develop innovative solutions.
As other firms move away from industry-specific practices, Cozen O’Connor has continued to invest in building a one-stop shop for aviation industry clients. With offices in 26 cities across two continents and attorneys with direct experience in aviation regulation, transactions, and litigation, Cozen O’Connor has the capacity to respond promptly and effectively to client needs no matter where they arise. The firm’s regulatory team has advised on landmark airline mergers and the formation of new air carriers, the development of federal rules on aircraft safety and security, and the reorganization and management of U.S. airlines in Chapter 11 bankruptcy.
Another distinguishing feature of Cozen O’Connor is that we operate a bipartisan government relations group based in Washington, D.C. Our skilled government affairs team represents clients before all three branches of the U.S. federal government and various state bodies. Key members of the Public Strategies group have direct aviation industry experience, including a former general counsel to the U.S. Export-Import Bank and former deputy staff director of the Senate Committee on Commerce, Science, and Transportation.
Indeed, the aviation practice as a whole is staffed by longtime leaders of the aviation bar, including members of U.S. delegations to international air transport agreement negotiations, the former chair of the American Bar Association’s Tort and Insurance Practice’s Aviation & Space Committee, the editor of leading treatises on aviation law in the U.S. and Europe, and the editor-in-chief of The Air & Space Lawyer, a quarterly publication of the American Bar Association. Cozen O’Connor prides itself on staffing matters leanly with seasoned attorneys who can provide sophisticated, cost-effective service.
November 20, 2017
This edition of the Cozen O’Connor Aviation Regulatory Update discusses new restrictions on Cuba travel, DOT’s Small Community Air Service Development Grant Program, new DOT drug testing requirements for safety-sensitive transportation employees, the FAA’s proposed amendments to helicopter certification standards, the Bombardier aircraft trade dispute between the U.S. and Canada, and the latest DOT and FAA enforcement actions.
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October 13, 2017
This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s and CBP’s comprehensive reviews of their regulations, Congress’ FAA reauthorization extension legislation, the FAA’s adoption of new Stage 5 airplane noise standards, GAO reports on airline ancillary service fees and TSA’s aviation security oversight, and the latest DOT and FAA enforcement actions.
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September 12, 2017
This edition of the Cozen O’Connor Drone Report discusses FAA’s statement on the success of Part 107 (its regulations governing commercial uses of small drones), the status of drone-related rulemakings, DOD’s guidance on drone operations over military installations, the new partnership between DHS and Mississippi to test and evaluate drones, pending federal drone legislation, Federal citations for drone use in Yellowstone National Park, and proposed legislation in California related to the use of drones for law enforcement surveillance.
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September 08, 2017
This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s 2017 U.S.-Cuba Frequency Allocation Proceeding, the FAA’s elimination of requirements to obtain Reduced Vertical Separation Minimum (RVSM) authorization for aircraft equipped with Automatic Dependent Surveillance–Broadcast (ADS–B) Out systems, CBP’s extension of the Air Cargo Advance Screening (ACAS) pilot program, and the latest DOT and FAA enforcement actions.
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September 07, 2017
David Heffernan discusses the U.S. Department of Transportation recently issued Significant Rulemaking Report, the first such report released under the Trump administration.
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July 25, 2017
This edition of the Cozen O’Connor Drone Report discusses the unmanned aircraft systems (UAS)/drone-related provisions of the recently introduced FAA reauthorization bills, a recent FAA chief counsel’s legal interpretation regarding drone operations near private heliports, the Department of the Interior’s data-sharing initiative to prevent unauthorized drone operations over wildfires, the Drone I.D. Rulemaking Committee’s recent meetings, a recent judicial proceeding on the GoPro drone case, President Trump’s offer to sell drones to India as part of the joint “Prosperity Through Partnership” initiative measure between the United States and India, and the latest state regulations and legislation regarding drones.
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July 10, 2017
This edition of the Cozen O’Connor Aviation Regulatory Update discusses the latest FAA reauthorization bills, the Department of Homeland Security’s enhanced aviation security measures, the DOT Inspector General’s audit reports regarding the FAA’s oversight of suspected unapproved parts and check pilot qualifications, the Department of Commerce’s investigations regarding aircraft imports from Canada, and the latest DOT and FAA enforcement actions.
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July 06, 2017
David Heffernan and Jennifer Urban, of Cozen O'Connor's Transportation and Trade Group, published "US Regulation of Commercial Uses of Drones" for Expert Guides.
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June 23, 2017
Jennifer Urban and Rachael Wallace discuss the D.C. Circuit Court’s recent decision against the FAA’s registration requirements for recreational drones, the latest findings and recommendations of the FAA’s Drone Advisory Committee, FAA Administrator Huerta’s recent statement on drone safety, and the introduction of the Drone Federalism Act of 2017 in the U.S. Senate.
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May 08, 2017
This edition of the Cozen O’Connor Aviation Regulatory Update discusses the FAA’s regulatory reform review, the FAA’s and PHMSA’s increases in civil penalty amounts, recent amendments of hazardous materials regulations, the Congressional oversight hearing on U.S. airlines’ customer service and contracts of carriage, and the latest DOT and FAA enforcement actions.
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April 26, 2017
David Heffernan discusses why the recent incident on United Airlines was an anomaly and not evidence of the need for additional legislation or regulations with industry-wide effect.
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April 24, 2017
David Heffernan, Michael Klein and Jennifer Urban discuss how drones will revolutionize the way water and sewer systems operate and the legal restrictions that accompany this new practice.
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March 31, 2017
This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s tentative award of Mexico City slots, DHS/TSA’s prohibitions on the in-cabin carriage of certain personal electronic devices on nonstop flights to the U.S. from ten Middle Eastern and North African airports, DOT’s withdrawal and compliance deadline extensions for various consumer protection-related rules, GAO reports on the status of DHS’s biometric air exit system and FAA certification processes for aviation products, President Trump’s executive order on the reorganization of executive branch agencies, and the latest DOT and FAA enforcement actions.
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March 28, 2017
Rachael Wallace discusses a Washington man who was sentenced to 30 days in jail and a $500 fine for “reckless endangerment” arising from the use of a personal drone.
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February 14, 2017
David Heffernan and Jennifer Urban of the Aviation Regulatory group discuss current issues in aviation, due to the change in administration.
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February 13, 2017
This edition discusses DOT’s final approval of antitrust immunity for Delta Air Lines and Aeromexico, DOT’s proceeding to reallocate some of Delta/Aeromexico’s Mexico City and JFK slots to other airlines, DOT’s proposed rule to require airlines and ticket agents to disclose baggage fees, the FAA’s final rule amending small aircraft airworthiness standards, new DOT training materials for airlines and their employees and contractors regarding compliance with Part 382 disabled passenger regulations, DHS’s increase of certain aviation-related civil penalties for violations of immigration and TSA rules, GAO criticism of U.S. Customs and Border Protection’s predeparture programs, and the latest DOT and FAA enforcement actions.
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February 06, 2017
David Heffernan and Jennifer Urban discuss how President Trump's recent executive order “Reducing Regulation and Controlling Regulatory Costs,” and anti-regulation policy generally, could impact the aviation industry.
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January 02, 2017
William Walsh, co-chair of the Aviation Industry Team, discusses the significant tension between the Federal Aviation Administration regulation for commercial drones and any conceivable economic model of a profitable retail drone delivery operation.
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December 14, 2016
This edition discusses DOT’s proposed rule on the use of cell phones to make voice calls on commercial flights, the results of DOT’s negotiated rulemaking on accessible in-flight entertainment and accessible lavatories on single-aisle aircraft to accommodate disabled passengers, DOT’s approval of Norwegian Air International’s foreign air carrier permit, the FAA’s increase of overflight fees, PHMSA amendments to the Hazardous Materials Regulations, the DOT Inspector General’s audit report on FAA oversight of unmanned aircraft/drones and initiation of an audit of the FAA’s oversight of runway safety, DOT’s updated enforcement policy regarding extended tarmac delays, DOT’s denial of American Airlines and Qantas Airways’ request for antitrust immunity, the Justice Department’s clearance of the Alaska Airlines-Virgin America merger, and the latest DOT and FAA enforcement actions.
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November 18, 2016
This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s recently issued consumer protection rules and initiatives, the GAO’s report on air traffic control reorganization, DOT’s tentative approval of antitrust immunity for the Delta Air Lines/Aeromexico alliance, the FAA’s rulemaking on airline pilot professional development, DOT’s agreement with Southwest Airlines regarding the accessibility of the carrier’s airport kiosks, the DOT Inspector General’s reports on the effects of DOT’s tarmac delay rule on airline flight cancellations and the FAA’s progress in implementing NextGen, OFAC and BIS amendments to Cuba sanctions-related regulations and export controls, and the latest DOT and FAA enforcement actions.
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November 01, 2016
Rachael Wallace discusses a temporary restraining order ABX Air is seeking to halt pilot strikes on November 1 and 2, citing the potential for “crucial flight failures within days.”
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October 25, 2016
Rachael Wallace and Robert Bowman discuss AOPA's amicus curiae brief that asked the U.S. Supreme Court to reverse a decision from the U.S. Court of Appeals for the Third Circuit, which allowed states to apply state standards of care to the field of aviation product liability.
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October 19, 2016
David Heffernan and Rob Freeman discuss the U.S. Department of Transportation's new round of consumer protection-related rulemaking initiatives affecting U.S. and foreign airlines, ticket agents, and air travel consumers.
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September 23, 2016
This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s selection of carriers to operate U.S.-Havana and U.S.-Tokyo (Haneda) air services, the FAA’s implementation of its small unmanned aircraft systems/drone rules, new increases in DOT civil penalty amounts, the FAA’s draft PFC order, GAO’s reporting on FAA oversight of repair stations, and the latest DOT and FAA enforcement actions.
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August 10, 2016
Rachael Wallace reviews the GAO report that found the 2006 "fuel fraud law" has cost the Aviation Trust Fund between $1 billion and $2 billion.
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August 08, 2016
This edition of the Cozen O’Connor Aviation Regulatory Update discusses new FAA reauthorization legislation, DOT awards for U.S. carrier scheduled service to Cuba, DOT’s decision to address consumer notification requirements regarding changes in airline frequent flyer program rules, and more.
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June 23, 2016
David Heffernan and Rachel Welford discuss the FAA's long awaited final rule regarding the certification and commercial operation of small unmanned aircraft systems in U.S. airspace.
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May 26, 2016
This edition of the Cozen O’Connor Aviation Regulatory Update includes DOT’s announcement of the members and meeting schedule of the Advisory Committee on Accessible Air Transportation (Disabled Passenger Negotiated Rulemaking Committee), the FAA’s withdrawal of its rulemaking on slot management at New York area slot-controlled airports, the FAA’s elimination of slot controls at Newark Liberty International Airport and extension of the Orders governing slots at New York’s John F. Kennedy International Airport and LaGuardia Airport, proposed FAA amendments to PFC funding eligibility for on-airport rail projects, the FAA’s creation of a Drone Advisory Committee to advise the FAA on further regulatory steps regarding the safe integration of unmanned aircraft systems/drones into the U.S. national airspace system, PHMSA’s ban on the carriage of battery-powered portable electronic smoking devices in checked baggage, the continuing House and Senate standoff over the next FAA Reauthorization bill, and the latest DOT and FAA enforcement actions.
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April 21, 2016
Rachel Welford discusses the Federal Aviation Administration Reauthorization Act of 2016, passed by the Senate, that would authorize funding for programs under the FAA through September 2017.
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February 01, 2016
This edition includes the recently signed U.S.-Mexico bilateral agreement that liberalizes air services between the two countries, new Cuba-related regulations loosening restrictions on U.S.-Cuba air services and the export and reexport of U.S.-origin aircraft to Cuba, changes to the Visa Waiver Program, proposed dates for upcoming DOT aviation-related rulemakings, the DOT Office of the Inspector General’s reports criticizing FAA operations, oversight, cost controls and air traffic control staffing, DOT animal incident reporting guidance, new FAA Stage 5 aircraft noise standards, DHS implementation of REAL ID requirements for air travelers, and the latest DOT and FAA enforcement actions.
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January 15, 2016
Rachel Welford discusses the FAA's new Stage 5 aircraft noise standards for certain subsonic jet airplanes and subsonic transport category large airplanes. Comments on the proposed rule are due by April 13, 2016.
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December 21, 2015
This edition of the Cozen O’Connor Aviation Regulatory Update includes looming revisions to the Visa Waiver Program, DOT’s plans for an additional round of new regulations on disabled passenger-related issues, the FAA’s new registration requirements for small unmanned aircraft systems/drones, DOT guidance on airline liability for damage to components of checked baggage, Congressional bills on Export-Import Bank reauthorization, pilots’ rights, and Visa Waiver Program Changes, the status of FAA reauthorization legislation, the FAA’s updated airspace obstruction standards, and recent FAA enforcement actions.
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December 21, 2015
The U.S. State Department said that under the deal, U.S. airlines could operate up to 110 round-trip flights per day between the United States and Cuba as soon as 2016, which includes 20 flights to Havana and 10 to each of the other nine international airports in Cuba.
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December 04, 2015
The changes, proposed in the aftermath of the November 13, 2015 terrorist attacks in Paris, contemplate greater scrutiny of travelers under the VWP, as well as other security changes that could significantly increase costs and operational burdens for airlines.
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November 13, 2015
This edition discusses the Justice Department’s antitrust lawsuit against United Airlines and Delta Air Lines seeking to block the carriers’ proposed slot swap at Newark, DOT’s ban on electronic smoking devices in checked baggage, DOT and the FAA’s planned registration requirements for drones/unmanned aircraft, the FAA’s new safety compliance philosophy, new FAA rules on production certificates and approvals, APHIS final rules on agricultural quarantine and inspection services, a Congressional hearing on TSA security oversight, and the latest DOT and FAA enforcement actions.
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November 02, 2015
“Department of Transportation’s ‘Aggressive’ Approach to Consumer Protection Regulation and Enforcement,” by David Heffernan, published in the Journal of Air Law and Commerce, Vol. 80, No. 2 (2015).
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October 02, 2015
This edition reports on Congress’s six-month extension of FAA’s reauthorization; new U.S. Bilateral Aviation Safety Agreements with the European Union and Canada; the FAA’s final rule on the disclosure of aircraft seat dimensions to facilitate the use of child safety seats on airplanes; DOT’s latest small community air service development grants; the Treasury and Commerce Departments’ new amendments to the Cuba Sanctions Regulations.
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August 24, 2015
DOT’s launch of an investigation of alleged price gouging by airlines following Amtrak train service disruption in the Northeast Corridor, the agency’s continuing review of the Delta/Aeromexico antitrust immunity application, DOT’s and the Departments of State and Commerce’s ongoing review of subsidy allegations brought by the three largest U.S. carriers against Emirates, Etihad Airways, and Qatar Airways.
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August 03, 2015
Barry Boss, Stephen Miller, and Rebecca Brodey discuss the U.S. Department of Justice Antitrust Division’s latest investigation – airline capacity restrictions.
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July 02, 2015
An update on the multi-agency review of U.S. carrier allegations of subsidy against three gulf carriers, recent applications for antitrust immunity for airline alliances, EPA’s initial action to address greenhouse gas emissions from aircraft, DHS amendments to the ESTA program and planned expansion of customs and immigration preclearance facilities at additional foreign airports, Congressional hearings on FAA reauthorization, aviation security and drone operations, and recent DOT and FAA enforcement actions.
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May 12, 2015
Until now, the DOT’ has generally required airlines honor fares once a consumer purchased the fare, even if such fares were inadvertently offered for sale. Now, the DOT will not enforce the prohibition against airlines increasing fares post-purchase when such fares are mistakenly offered.
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April 15, 2015
This edition of the Cozen O’Connor Aviation Regulatory Update includes an overview of the FAA’s new contract maintenance rules, DOT and FAA notices on flight prohibitions in conflict zones, the latest news on the integration of unmanned aircraft into the National Airspace System, Congressional hearings on FAA reauthorization and air traffic control modernization, and DOT and FAA enforcement actions.
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April 08, 2015
The IASA Category 1 rating means that India’s civil aviation authority once again fully complies with the safety oversight standards of the International Civil Aviation Organization (ICAO), the United Nations’ technical agency for international civil aviation. India had previously been rated by the FAA as a Category 1 country in August 1997 but was downgraded to Category 2 in 2012 after an FAA audit identified certain safety oversight deficiencies.
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February 24, 2015
This edition of the Cozen O’Connor Aviation Regulatory Update includes an overview of the FAA’s long-awaited proposed rule on small unmanned aircraft commercial operations, the White House’s statement on privacy issues relating to unmanned aircraft, recent Congressional hearings on FAA reauthorization and unmanned aircraft, the DOT Inspector General’s review of DOT’s tarmac delay rule, DOT and ITC actions with regard to U.S.-Cuba air travel, DOT’s clarification of carriers’ animal incident reporting requirements, and DOT and FAA enforcement actions.
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January 20, 2015
Highlights of this edition of the Cozen O’Connor Aviation Regulatory Update include the FAA’s recent rulemakings involving New York area airport slots and safety management systems for U.S. Part 121 air carriers, developments relating to unmanned aircraft, and DOT and FAA enforcement actions.
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December 11, 2014
This edition of the Cozen O’Connor Aviation Regulatory Update provides an overview of recent FAA regulatory initiatives involving crew pairing, alcohol and drug testing rates, the use of aviation fuel taxes by airports and state governments, airport environmental grants, and de-icing standards for new aircraft. We also provide an update on recent DOT and FAA enforcement actions, plus recent developments in the Pirker v. Huerta case involving the operation of small unmanned aircraft. Additionally, Congress is beginning its deliberations regarding next year’s FAA reauthorization. Finally, two new lawsuits were filed challenging certain airports’ implementation of labor-related rules that airlines and airport service providers contend are preempted under federal law.
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October 27, 2014
This edition of the Cozen O’Connor Aviation Regulatory Update covers comments filed on DOT’s Passenger Protection Rulemaking #3, the FAA’s continuing plans for NextGen implementation, federal agency statements on the Ebola virus and its potential impact on air travel, the expansion of commercial drone operations, new enforcement actions by DOT and the FAA, and changes to regulations and policies affecting the aviation industry.
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October 09, 2014
David Heffernan of Transportation & Logistics in Washington, DC has edited a special issue of the American Bar Association’s Air & Space Lawyer publication focusing on the U.S. Department of Transportation’s pending rule making on airline “passenger protections.”
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September 18, 2014
This edition of the Cozen O’Connor Aviation Regulatory Update covers DOT action on Norwegian Air International’s application to serve the U.S., Congress’ and DOT’s continuing focus on airline ancillary service fees and consumer protection, new enforcement actions by DOT and FAA, and proposed changes to federal agency regulations and policies affecting the aviation industry.
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August 22, 2014
The August edition of the Aviation Regulatory Update including updates on extension of comments periods, new enforcement actions, the FAA's legal interpretation prohibiting universities from using their Certificate of Waiver or Authorization to train students to fly drones, new regulations for transportation of lithium cells and batteries, and more.
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July 21, 2014
On Capitol Hill, legislators are working to pass a Transportation Appropriations bill that will fund aviation programs during the 2015 fiscal year. As part of the appropriations process, members of the House and Senate are looking at a number of amendments that impact aviation. This includes continuing debate on limiting the Department of Transportation’s ability to approve the controversial application filed by Norwegian Airlines International (reported in last month’s Cozen O’Connor Aviation Regulatory Update) to operate to the United States and whether to allow Burbank’s Bob Hope Airport to impose a nighttime curfew on airline operations.
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June 16, 2014
It has been a busy month at the Department of Transportation, with the DOT finally releasing its long-anticipated proposed rule on Transparency of Airline Ancillary Fees and Other Consumer Protection Issues, better known as Passenger Protection Rulemaking #3 or PP3. DOT also issued a Show Cause Order tentatively approving IATA’s Resolution 787 to establish a “new distribution capability” for air travel distribution. On Capitol Hill, the House passed the 2015 Transportation Appropriations bill, including an amendment that could have the effect of preventing DOT from approving the controversial application filed by Norwegian Airlines International for authority to begin operating to the United States.
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March 01, 2013
David Heffernan of the Transportation & Logistics Department, co-edited the Cologne Compendium on Air Law in Europe. The book is the collective work of 80 collaborators who are active in private legal practice, universities and government administrations as well as in the various sectors of the aviation industry such as airlines and airports.
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April 19, 2010
This Spring edition highlights many pertinent issues confronting a business owner
in the 21st century. In the wake of unprecedented economic trouble, our lead article
discusses how to protect your business from preference exposure when a customer
goes bankrupt.
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April 01, 2009
Commentary: The Flight to Access - Risk & Insurance - With more and more frequency, possibly due to personnel cutbacks and more attention focused on legitimate security concerns,
courts are seeing actions brought by disabled
passengers alleging discrimination,
exacerbation of a physical injury, mental
anguish and distress, and even punitive
damages as a result of what has been
perceived as either the inability or
unwillingness to deal with the specific needs
of disabled passengers.
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January 01, 2009
Flying Through Squabbles of the Turbulent - Risk and Insurance Online -
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November 01, 2008
The Admissibility of Other Incidents in Aviation Products Liability Cases - International Association of Defense Counsel - Typical law school evidence courses include only a cursory examination of the admissibility of “other acts”,1 and even then, it is usually in the context of criminal cases under FED R. EVID. 404(b). And, indeed, the federal rules and case law are well-established when dealing with the government’s efforts to use evidence of other acts against a criminal defendant. But in civil matters—products liability cases in particular—the rules are less clear. So it is
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October 01, 2008
International Litigation: The U.S. Jurisdiction To Prescribe and the Doctrine Of Forum Non Conveniens - The Federal Lawyer - Since the 1945 decision by Judge learned hand in United States v. Aluminum Co. of America (colloquially known as the "Alcoa" case), it has become well-established law that the Sherman Antitrust Act-legislation that was adopted over 100 years ago-applies to and prohibits conduct in foreign countries if that conduct has an illegal "effect" in the United States. The very important issue today is the extent to which the
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