First of all, a thank you to the following sponsors for their support of the ABA Forum on Air & Space Law. Without their continued support, the annual meeting simply would not be possible:
Platinum Level: Bombardier, McMillan
Gold Level: FedEx Express, The Wicks Group PLLC
Silver Level: Air Canada, Gowlings, Jones Day
Bronze Level: Airbus, Air Transat, Baker Botts LLP, Fish & Richardson, Holland & Knight, Paul Hastings, Sheppard Mullin Richter & Hampton LLP, Squire Sanders, and WilmerHale
Supporter: European Air Law Association
Scholarship Sponsors: Rolls-Royce, General Electric Commercial Aviation Services
Thursday - September 18, 2008
Morning Keynote Speaker – Roberto Kobeh Gonzales, President – Council of ICAO
- Purpose of ICAO
o Consensus building while respecting sovereignty
- Importance of Air Travel Worldwide
- Safety as a top priority
- CO2 Emissions
Panel 1 – Lessons Learned From Commercializing or Privatizing Air Navigation Systems
Moderator: William F. Clark, Clark & Company
Panelists: Hon. James H. Burnley IV, Partner – Venable LLP
John W. Crichton, Pres. & CEO, NavCanada
Owen Dell, Manager of Intl. Operations, Cathay Pacific Airways
Glen McDougall, Author – ATC Commercialization Policy: Has it Been Effective?
Hon. Andrew B. Steinberg, Partner – Jones Day
- The models of commercialization or privatization of an ATC system.
- The growing Non-Federal Control Tower trend in the U.S. – Safe, Cost Effective, and Satisfied Users of the System
o Unique factors of the U.S. System
o Political will necessary to change the system
- Cathay Pacific and User Fee Based ATC System - $300M per year and a good experience – An ATC system safe and receptive to the users
- NavCanada – An ATC System centered on users and positive feedback.
Panel 2 – Emerging Airport Issues
Moderator: Hon. Kenneth Mead, Special Counsel – Baker, Botts LLP
Panelists: Roy Goldberg, Partner – Sheppard, Mullin, Richter & Hampton
LLP
Hon. D. J. Gribbin, GC – U.S. Dept. of Transportation
Monica Hargrove Kemp, GC – Airports Council Int’l - NA
J. Scott McClain, Asst. GC – Delta Airlines
- NYC Airspace / Airport Gridlock & EWR, LGA, JFK Slot Auction
o Will require more than operational changes
- Constitutional Issues with FAA slot auctions
o Can the FAA enter into leases?
o Are slots property?
- User Fees and NEXTGEN.
o Considering the point of view of the airport operator
Lunch Keynote Speaker – Robert Sturgell, Acting Administrator - FAA
- Discussed Runway Incursion Event at SEATAC
- Eight Severe Runway Incursions in 80+ Million Operations
- Few Systemic Issues are being recognized in aviation accident investigations.
- Voluntary Safety Reporting Programs get meaningful information from front-line users and are the best way to reduce the remaining incidents and accidents.
o Without VSRPs, no other way to get this information.
Panel 3 – Current Environmental Law Issues, Climate Change, and Proposed Solutions
Moderator: Renee Martin-Nagle, GC – Airbus Americas
Panelists: Dr. Ruwantissa R.I. Abeyratne, Coordinator Air Transport
Programs - ICAO
Thomas Bolling, Managing Attorney Regulatory Affairs –
Continental Airlines
Uwe Erling, Partner – Noerr, Stiefenhofer, Lutz
Martine De Serres, Counsel of Regulatory and International
Affairs – Air Canada
Nancy Young, VP of Environmental Affairs, ATA
- EU’s Unilateral Imposition of Emissions Trading Scheme
o Extra-Territoriality Issues
- Aviation Industry’s Economic Incentive to emit less CO2 – Price of Jet Fuel
o Aviation’s improving fuel efficiency – 110% since early ‘70s
- Which tool is more beneficial to aviation policy for reduction of emissions?
o Taxes or Emission Trading Systems
Panel 4 – Review of Passenger Rights Initiatives
Moderator: Anita Mosner, Partner – Holland & Knight
Panelists: Howard Kass, Associate GC - USAirways
Samuel Podberesky, Assistant GC, Aviation Enforcement & Proceedings, U.S. DOT
Louise-Helene Senecal, Assistant GC – Litigation, Air Canada
Robert Span, Partner – Paul, Hastings, Janofsky & Walker LLP
- Airline incentive to address passenger rights – lower costs and lack of bad PR
- Canadian Passenger Disabilities Regulations
o Effect on Safety
- Regulatory Enforcement
o Delays, Increasing Civil Penalties
o Disability rules in U.S.
- Federal pre-emption of state regulations in aviation – Case Review
o NY Passenger rights legislation struck down
Panel 5 – Charting the Future of Private Human Spaceflight
Moderator: Patti Grace Smith, Aerospace Consultant
Panelists: Prof. Ram Jakhu, McGill University IASL
Jeff Krukin, Consultant – State of North Carolina
Pamela Meredith, Co-Chair Space Law Practice – Zuckert, Scott, & Rasenberger LLP
Laura Montgomery, Senior Counsel – Office of Chief Counsel, FAA
Franceska O. Schroeder, Principal – Fish & Richardson P.C.
- Insurance and Liability for Spaceflight Launch and Satellite Operations
- Law & Politics in Human Spaceflight from a State point of view
- ITAR overview and need for reform
- Lapse of U.S. coverage above maximum for commercial launch
- Overview of FAA regulatory landscape to launch safety and commercial spaceflight
- International access to radio frequency spectrum and reservation by States
Jeremy E. Juenger
ABA National Law Student Division Liaison to the Forum Committee on Air & Space Law
Saint Louis University School of Law
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