Port of Seattle Seeks Interlocutory Appeal and ACI-NA Files Amicus Brief

Residents near the Port of Seattle have filed a class action suit against the Seattle-Tacoma International Airport (SEA-TAC), Alaska Airlines, and Delta Airlines seeking damages for emissions caused by aircraft flying below 3,000 feet.  The suit is based on state law theories sounding in negligence, battery, trespass, and nuisance and “seek medical monitoring and compensation for diminution of property values arising out of the pollutants allegedly emitted by aircraft approaching and departing the airport.”

SEA-TAC and the airlines’ motion to dismiss based on federal preemption under the Clean Air Act, the Federal Aviation Act, and the Airline Deregulation Act was denied on November 25, 2024.  SEA-TAC and the airlines have filed a request for interlocutory appeal with the United States Court of Appeals for the Ninth Circuit.

ACI-NA submitted an amicus brief in support of the request for interlocutory appeal stating this is a “case of first impression and of potential nationwide significance to commercial airports.”  ACI-NA argues that prompt appellate review would benefit airports across the U.S. because “federal law establishes a comprehensive framework for aviation and airport operations, knowing whether state tort law can impose liability for operations that are in compliance with federal standards is vitally important to airport operators.”

EO English is National Language

The Trump Administration issued Executive Order (EO) 14224 Designating English as the Official Language of the United States on March 1, 2025.  The EO references English being used in founding documents such as the Declaration of Independence and the Constitution.  However, the EO does not change existing federal law, and all recipients of federal financial assistance have a have a continuing obligation to comply with Title VI, all applicable Title VI implementing regulations, all applicable federal civil rights laws and nondiscrimination provisions.  The EO does not require federal agencies to change government services and provides agency heads discretion in providing services to the public. Further, the EO does not prohibit federal agencies from producing documents in languages other than English.

The EO does revoke EO 13166, issued in 2000, which sought to improve access to services for individuals with limited English proficiency, and the EO directs the Attorney General to rescind guidance documents issued under that EO.  The EO also requires that new guidance be issued pursuant to existing law.  Airports interested in following this issue can learn more at www.LEP.gov.

REAL ID Enforcement

A Wall Street Journal article published on March 30, 2025, presents a dreary picture of potential travelers struggling to obtain REAL ID compliant identification.

The May 7, deadline for REAL ID Enforcement is quickly approaching.  Passengers seeking to board federally regulated commercial aircraft will need a compliant form of identification, such as a REAL ID driver’s license or identification card, to board domestic flights.

TSA is working on a phased-enforcement strategy as it is permitted to do in accordance with the January 14, 2025, Final Rule. The agency has said the phased enforcement plan will be posted publicly.  A March 14, 2025, TSA Press Release states that travelers without compliant identification can expect delays when they arrive at the TSA checkpoint.  The frequently asked questions sections of DHS’s REAL ID website states that “[t]ravelers who do not present a REAL ID-compliant license or acceptable alternative beginning May 7, 2025 will not be permitted through the security checkpoint”.  TSA’s website does provide more detail of the process for a potential flyer that does not have compliant identification to enter the security screening checkpoint through an identity verification process.  It is reasonable to assume that passengers may be confused by this messaging.

Airport operators may consider pushing TSA locally to increase their communication of the REAL ID requirement and the phased enforcement approach.  Additionally, airports may consider implementing communication strategies of their own to notify the public of expectations.

FAA Finds AVGAS Ban Violated Grant Assurances

On March 24, 2025, the FAA issued a highly anticipated determination regarding a complaint filed under 14 C.F.R. Part 16 in response to a California County’s attempt to ban the sale of avgas at its airports.  The FAA found that a countywide ban on the acquisition, storage, and sale of 100LL avgas at two of the County’s federally obligated airports violated the County’s federal grant obligations.  Specifically, the FAA held that: (i) “establishing the exclusive right to sell one or more types of fuel cannot” does not give a federally obligated airport “the right to prohibit the sale or use of all other fuels by commercial service providers” and that “[a]ny attempt to establish such a prohibition is an unreasonable and unjustly discriminatory restriction” in violation of Grant Assurance 22(a); (ii) the implementation of unreasonable rules, such as restrictive fueling permits, that effectively prevent a user from “self-fueling with the fuel(s) of its preference from a source of its choosing” is a violation of Grant Assurance 22(f); and (iii) enacting prohibitions against leaded fuels creates an exclusive right by favoring aircraft that can operate on unleaded fuel to the detriment of those that cannot and by favoring manufacturers and suppliers of unleaded fuel to the detriment of those that manufacture or supply leaded fuel, which qualifies as an “unreasonable restriction on legitimate aeronautical activities . . . in violation of Grant Assurance 23.”  This decision demonstrates that airports that attempt to ban leaded fuel before a viable alternative is available do so at the risk of facing FAA enforcement action.

Federal Government Continuing Resolution Passed

On March 15, a divided Congress passed a Full-Year Continuing Appropriations and Extensions Act, 2025 providing appropriations for fiscal year (FY) 2025 at the FY 2024 approved spending levels with a few exceptions for airport operators.  Airports will receive $4 billion for the Airport Improvement Program (AIP) and $50 million for additional AIP discretionary grants.

Unfortunately, other airport priorities that were added into the proposed FY 25 spending bills were not included in the continuing resolution bill that was passed.  These priorities included funding for the law enforcement reimbursement program and the canine reimbursement program.

The bill also extends the current C-UAS authorities through the end of the FY.

C-UAS Request for Comment

On March 7, the U.S. Department of Homeland Security (DHS) published a Notice of Intent to Prepare a Programmatic Environmental Assessment for Nationwide Operation of Counter-Unmanned Aircraft Systems (C-UAS) to the Federal Register.  The notice for comment seeks to identify potential environmental impacts associated with the research, development, testing, and evaluation of C-UAS on a nationwide scale.  DHS will use the comments for agency planning, decision making, and to establish standard best management practices.  Comments are due April 7, 2025.

CBP APIS Test Extension

CBP has extended the Facial Comparison Advance Passenger Information System (APIS) Compliance Test for an additional two years.  The initial test was set to expire on February 16, 2025.  CBP will study whether facial comparisons using CBP’s Traveler Verification Service (TVS) can assist air carriers in complying with the APIS reporting requirements.  CBP says it is looking to evaluate a broader group of carrier participants in the extended test.

‍American Airlines Seeks Reversal of JetBlue Alliance Ruling

American Airlines has petitioned the U.S. Supreme Court to review the U.S. First Circuit Court of Appeals decision upholding the Massachusetts District Court’s decision blocking American and Jet Blue’s “Northeast Alliance” based on antitrust law. The “Northeast Alliance” was designed to coordinate flights and pool revenue.

In the final weeks of the first Trump Administration, the U.S. Department of Transportation approved the alliance. The initial lawsuit was filed by the Biden Administration and six other states.

Air Carriers Challenged Ruling on Biden Airline Fee Rules

On Friday, March 14, U.S. air carriers and Airlines for America requested that the 5th Circuit Court of Appeals reconsider a January ruling that the Department of Transportation (DOT) has the authority to write airline fee disclosure rules. The January ruling found the DOT failed to comply with procedural rules by not giving the airlines the opportunity to comment on the fee disclosure rules.  The airlines are challenging the Court’s finding that DOT had the authority to write rules on unfair or deceptive practices by airlines

FAA to Propose Rule Allowing Expanded Drone Use

On March 14, DOT Secretary Sean Duffy said the Federal Aviation Administration (FAA) is planning to publish rules to expand use of drones for deliveries and other services. The rule would seek to “normalize commercial drone operations that are otherwise prohibited or require individual approval through bureaucratic and time-consuming FAA application processes.”

DHS Ends Collective Bargaining with TSOs

On March 7, DHS announced it is ending collective bargaining for Transportation Security Officers (TSOs).

On March 13, a group of unions representing TSOs filed a lawsuit in the United States District Court Western District of Washington seeking injunctive relief from DHS’s action.

House Homeland Republicans Send Letter to TSA on Cyber Security

Republicans on the House Homeland Security Committee have sent a letter to TSA regarding the agency’s cybersecurity posture and resiliency measures. The letter discusses the need for an adaptive cybersecurity posture to meet the evolving cybersecurity threats.  The letter highlights the August 2024 cyberattack at the Seattle-Tacoma International Airport.

The letter requests TSA to provide, among other things, information on the agency’s formal incident response framework for large-scale cyberattacks; planned measures to address the Volt Typhoon intrusion; partnership with the Cybersecurity and Infrastructure Agency (CISA); and evaluation of measures issued under the previous administration.

TSA was given a deadline of March 18 to respond to the House Homeland Republicans.

House Hearing on Cyber Regulatory Regime Improvement

On March 11, 2025, the House Homeland Security Subcommittee on Cybersecurity and Infrastructure Protection held a hearing titled Regulatory Harm or Harmonization? Examining the Opportunity to Improve the Cyber Regulatory Regime.  The hearing was intended to consider the importance of streamlining cybersecurity regulations and improving information- sharing efforts between the government and industry.  The hearing discussed cyber threat intelligence, the reauthorization of CISA, and revising the Proposed Rule Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA) Reporting Requirements.

On Tuesday April 1, 2025, the House Homeland Security Committee will have another hearing related to cybersecurity titled Cybersecurity is Local, TOO: Assessing the State and Local Cybersecurity Grant Program.

House Hearing on Air Traffic Control (ATC) Reform

The House Transportation & Infrastructure Committee’s Aviation Subcommittee held a hearing on Air Traffic Control System Infrastructure and Staffing on March 4, 2025.  The hearing included testimony from the Government Accountability Office (GAO), Airlines for America, General Aviation Manufacturers Association, National Air Traffic Controllers Association, and two other private industry representatives.  The hearing covered common ATC challenges including staffing shortages, outdated legacy technology, lacking infrastructure, and funding shortfalls. Further, committee members knocked the Trump Administration’s firing of FAA employees and controllers.

The panel warned the Subcommittee that short-term funding increases for ATC will not solve problems such as controller shortages and outdated technology.  The panel called for a major increase in FAA’s budget.  The experts supported the idea of providing the FAA more control over the Airport and Airway Trust Fund that is currently controlled by Congress.  The Congressional Budget Office has reported that the Airport and Airway Trust Fund’s end-of-year uncommitted balance for ( 2025 will reach $6 billion and will grow to $15.5 billion by 2034.

The GAO had released a report in September 2024 that found 100 of the FAA’s 138 ATC systems that assist air traffic controllers in monitoring weather, conducting navigation and surveillance, and manage communications are unsustainable or potentially unsustainable, of which half have “critical” effects on airspace operations.

The intent of the committee to pass draft legislation at this time is not clear.  The FAA is currently working to implement the 2024 FAA Reauthorization (PL 118-63) which includes air traffic control provisions such as a study of unfunded ATC capital investments.

Discussion of Surface Transportation Bill Kicks-Off on Capitol Hill

Transportation Secretary Sean Duffy is scheduled to testify on Wednesday, April 2, 2025, before the Senate Environment and Public Works Committee regarding the Trump Administration’s next big plans for the Surface Transportation Bill.  It is anticipated that these plans will include cuts to spending on green and equity programs that were included in the 2021 bipartisan infrastructure law (PL 117-58) and generally scale back federal spending.

Although surface related, airport operators can anticipate some language in this bill that will affect them.

‍Bills Under Consideration in Congress

Following is a list of legislation being considered in Congress that may directly or indirectly affect airport operators:

• S.697: Air Traffic Control Workforce Development Act of 2025. Introduced by Sen. Hoeven (R-ND) and Sen. Shaheen (D-NH).
• S.1180: A bill to abolish the Transportation Security Administration, and for other purposes. Introduced by Sen. Lee (R-UT).
• H.R. 1907: Defense Against Drones Act of 2025.  Introduced by Rep. Burchett (R-TN).  The bill would allow an individual to shoot an unmanned aircraft flying over property owned by the individual under certain circumstances.
• H.R. 1925: Emerging Digital Identity Ecosystem Report Act of 2025. Introduced by Rep. Higgins (R-LA).  Requires a report by the Transportation Security Administration on digital identify ecosystems.

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Questions? Contact us for more details Margaret Martin, Sean Cusson, or Myatt McClure.