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Biden Plan Calls for Carbon Neutral Jet Fuel by 2050 With Eye Towards Biofuels

A recently-issued multi-agency report highlights a path for the U.S. government to replace fossil fuel-based jet fuel with renewable sources to address climate change and encourage infrastructure development. The U.S....more

The Impact of the New Inflation Reduction Act on Infrastructure Initiatives

Congress has injected yet another wave of stimulus funding as the Biden Administration attempts to shape the future of America’s infrastructure. On August 16, 2022, President Biden signed into law House Bill 5376, known as...more

Ten Things to Know About Successful Antidumping and Countervailing Duty Cases

U.S. manufacturers face many challenges, but they do not do so alone. An entire system of trade laws and enforcement exists to help “level the playing field” and respond to competition from unfairly priced imports. Sometimes...more

Can the Dormant Commerce Clause Shield Airlines from Applying State Wage-and-Hour Laws to Employees who Fly Predominately Outside...

Airlines are creatures of interstate and international commerce: roaming the skies and crossing territorial boundaries to deliver passengers and cargoes to destinations not cabined by state lines. To avoid unfair application...more

Chicago Court Rules Montreal Convention Preempts an Airfare Class Action for Weather‑Cancelled Flights

In an opinion issued on January 15, 2021, the Circuit Court for Cook County, Illinois dismissed an attempted class action lawsuit seeking refunds for flights canceled by Interjet Airlines....more

DC Circuit is Considering Issuance of an Emergency Order to Re-Ground the Boeing 737 MAX Aircraft

After two foreign-territory crashes and a resulting 21-month-plus forced grounding, the Boeing 737 MAX returned to the U.S. skies on December 29, 2020, which followed authorization from the Federal Aviation Administration...more

Contractors Should Not Leave Money on the Table: The Federal Circuit Clears the Way for Boeing to Use the Tucker Act to Sue DoD...

In these unprecedented, economically-challenging times for the aviation industry, it is especially important that airlines, manufacturers and other industry stakeholders have an accessible avenue open to them for pursuing...more

Pandemic Class Action Refund Lawsuits Against Airlines Ignore Long-Standing Precedent

Class action plaintiffs lawyers have reacted to the COVID-19 pandemic by filing putative class actions against airlines which, in order to conserve desperately needed cash, are offering travel credits in lieu of cash refunds...more

Are Airlines on the Hook for State and Local Taxes Addressing Homelessness?

The tech explosion in West Coast cosmopolitan areas has exacerbated homelessness in the region, prompting state and local governments to enact or at least propose new taxes on large metropolitan businesses....more

CATEX Controversy: The Ninth Circuit Strikes Down FAA Decision to Exempt a Sea-Tac Operational Change from Environmental Review

The process for approving changes in airport operations and development projects may now be more complicated, time-consuming, expensive and uncertain, due to a new federal appeals court decision. The decision faults the...more

United States to Allow U.S. Nationals to Sue Companies Alleged to be Trafficking in Property Confiscated by the Cuban Government

Twenty-three years after Title III of the Helms-Burton Act was enacted and immediately "shelved" by President Clinton, the United States government is reportedly on the verge of permitting U.S. nationals to sue companies that...more

The Good, the Bad and the Ugly in Texas Duel Between Lufthansa and Sabre

The high plains of Texas set the stage for a dramatic standoff between Lufthansa German Airlines and global distribution service (GDS) giant Sabre Travel over Lufthansa's decision to impose an $18 surcharge on every ticket...more

Fuel for Thought: Let's Close the "Leaky Valve" in How Aircraft Fuel Taxes are Spent

When airports need more money to operate and grow, their natural prey for cash are airlines and their passengers, general aviation and concessions....more

Federal Court Greenlights Car Sharing Company's Challenge to LAX Fees

The City of Los Angeles has failed in its bid for dismissal of the lawsuit filed last summer by Turo Inc. (formerly RelayRides), a peer-to-peer car-sharing company that objects to being taxed and otherwise treated like a...more

Wyoming Supreme Court Rules that Airport Operator Is Subject to Open Records Law

Seeking to avoid an "absurd result," the highest state court in Wyoming has ruled that the Jackson Hole Airport cannot refuse to produce airport-related documents by claiming that the airport is not subject to the state's...more

Railroad Success (For Now) in Challenging State Fuel Tax as Unlawfully Discriminatory

In a tax case that has had more twists and switchbacks than the Swiss Glacier Express, rail carrier CSX scored an important victory on March 23, 2018, in its decade-long effort to challenge what they contended was an...more

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