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Aviation

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Regulatory and Legislative

Our aviation attorneys use their knowledge of the regulatory system to develop innovative and precedent-setting operating structures for carriers. We handle regulatory and other administrative matters before the Department of Transportation (DOT) for the cargo and passenger air carrier industry and represent small operators in Federal Aviation Administration (FAA) enforcement actions. In addition, we represent our clients—including trade associations, carriers, major airports, corporations and individuals—in matters before these agencies, as well as before the International Civil Aviation Organization and the National Transportation Safety Board. We have represented industry interests in a wide variety of proceedings, including judicial review of agency action. We also monitor federal legislation affecting the air transportation industry and represent client interests related to such legislation.
Partners
Anderson, Anthony A.
Brown, Eileen P.
Dean Jr., Warren L.
Krumholz, Marjorie F.
Lawton, Richard L.
McGowan, Thomas Sean
Shapiro, Robert A.
Stoltz, Gerald D.
Associates
Gammell, Orisia K.
Hasan, Sarah M.
  • Air Transport Association of America, Inc.
  • SonAir Serviço Aéreo, S.A. (SonAir)

Air Transport Association of America, Inc.
For more than a decade, we have represented U.S. scheduled passenger, combination and all cargo service airlines via the industry’s principal trade and service organization, the Air Transport Association of America, Inc. (ATA). During this time, the firm has counseled the ATA on issues involving the development and implementation of the liability rules for air passengers under the Warsaw Convention and its successor, the Montreal Convention, in proceedings before the DOT Office of the Secretary (OST). Thompson Coburn represented the U.S. airline industry in obtaining Senate advice and counsel regarding the ratification of the Montreal Convention. In 1996, our attorneys drafted, filed with the DOT, and, upon DOT approval, assisted in implementing the 1996 Implementing Provisions Agreement (1996 IPA) concerning the limits and conditions of international passenger liability established by the Warsaw Convention. From 2005 through the present, our attorneys have represented the ATA and its members before the DOT in a proceeding seeking regulatory approval of updated and amended liability rules for air passengers (the 2006 IPA), which will modernize air carrier international liability rules and harmonize the rules of the Warsaw Convention and the Montreal Convention.

In addition, Thompson Coburn has represented the ATA on a variety of environmental and regulatory matters before the DOT and before the U.S. Congress.
Chemical Client
The firm advised a chemical company with respect to an investigation by the Federal Aviation Administration (FAA), Security and Hazardous Material Division, arising from multiple shipments of hazardous materials in apparent noncompliance with the applicable regulations of the Pipeline and Hazardous Materials Safety Administration (PHMSA). We participated extensively in structuring and preparing an initial submission as well as supplemental submissions to the FAA. Despite the potential for hundreds of thousands of dollars in penalties, the FAA agreed to resolve the matter with a Letter of Warning and to forego any civil penalties.
SonAir Serviço Aéreo, S.A. (SonAir)
Since 1998, the firm has counseled SonAir, a subsidiary of the Angolan national oil company, and the U.S.-Africa Energy Association (USAEA), an association of companies engaged in the exploration and development of petroleum resources off the west coast of Africa, in connection with a private charter service that has become known as the Houston Express. SonAir acts as the USAEA’s agent in arranging the private charter for the exclusive use of USAEA members travelling between Houston and Luanda, Angola.  Most recently, Thompson Coburn advised SonAir and the USAEA in connection with the negotiation of a long-term contract with Atlas Air, Inc. to perform the charter with two 747s that were acquired by SonAir’s parent and specially configured for dedication to this service.