Kirk Shaffer is senior counsel with Crowell & Moring LLP in Washington, DC. He has over two decades of experience in airport and aviation policy, regulation, and operation, having held senior airport positions in private practice, on the staff of a U.S. hub airport, and in the federal government.
Just prior to joining the firm, Kirk was the Associate Administrator for Airports at the Federal Aviation Administration. As a member of the FAA's executive management team, he was responsible for the safety, standards, planning, financing, certification, and compliance of airports throughout the United States. He reported directly to the FAA Administrator and US Secretary of Transportation and routinely briefed and testified before the US Congress, its professional staff, state and local elected officials, aviation industry groups, and other Cabinet departments on a wide variety of aviation policy matters. Kirk administered the $10 billion Airport and Airways Trust Fund (AIP) which disbursed some $4.5 billion through 2,500 grants in Fiscal Year 2008; commissioned three air carrier runways in one day (a national first) in November 2008; implemented Safety Management Systems for US airports and for the FAA Airports Organization; produced the Future Airport Capacity Task 2 (FACT2), outlining capacity needs in the national airspace system; was the FAA's final agency decisionmaker on administrative complaints under 14 CFR Part 16; and reinvigorated the agency's 14 CFR Part 139 safety certification inspection program and grant assurance compliance program. He made the decision, implemented the legal strategy, and lead the effort to challenge a municipal ordinance by the City of Santa Monica, California, which would have banned all Category C and D aircraft (primarily corporate jets) from the Santa Monica Airport, a principal general aviation reliever airport for Los Angeles International Airport, in order to insure that the airport remains open to all users in accordance with federal law. After successful litigation in the US District Court for the Central District of California and the US Court of Appeals for the Ninth Circuit, the matter was recently decided in favor of the Federal Aviation Administration, as reported in City of Santa Monica v. FAA, No. 09-1233, slip op. at 9, 15 (D.C. Cir. Jan. 21, 2011). The same focus extended to personally inspecting numerous airports in the US system, Iraq, China, India, and elsewhere to enhance the design, safety, and operational efficiency of airports around the world. Kirk received the USDOT Team Award for co-chairing the Secretary's National Task Force on Customer Service During Irregular Operations, and he received the Federal Aviation Administration's Medal of Excellence for his leadership of the FAA's Iraq Airport Assessments in December 2008.
Kirk's aviation law career began in private practice in Nashville, where he was general counsel to the Metropolitan Nashville Airport Authority for many years. He was at various times also the Director of Properties and Executive Assistant to the President on the Airport Authority's staff. As such, he headed all departments at the airport on a transitional basis while helping direct the construction of a new 44-gate air carrier terminal; negotiate all the airline and concession agreements required to operate it; and issue the airport revenue bonds to pay for it. Kirk was also intimately involved, from both a legal and management perspective, in the construction of two air carrier runways and a major extension of a third, including all related land acquisition and condemnation, zoning, obstruction evaluation, relocation assistance, and utility relocation. He successfully defended all litigation brought against the airport related to these projects. Many of the cases were dismissed before trial. The FAA environmental responsibilities and streamlining now codified in Vision 100 -- Century of Aviation Reauthorization Act (Public Law 108-176, Vision 100) were first used by Kirk in the late 1980's when he helped persuade the FAA to be directly responsible for the production of the environmental impact statement for Runway 2R/20L at Nashville International Airport, and he helped successfully defend federal litigation challenging that project. The project also led to him drafting the nation's first AIP Letter of Intent to provide the long-term financing for allowable project costs. During the same period, he co-authored the Airport Noise Reduction Reimbursement Act of 1989 (Public Law 101-71), permitting the FAA for the first time to issue AIP grants to reimburse airport sponsors who advance funded FAR Part 150 noise mitigation projects.
Kirk is a veteran of the United States Army, where he served as a platoon leader in the 82d Airborne Division before being selected to study law on full scholarship. He is Ranger, Airborne, Air Assault, and Jumpmaster qualified.
He is an Eagle Scout, private pilot, and avid wingshot.
Recent Projects
· Denial of Right of Self-Fueling and Access to Conduct Commercial Aeronautical Activity by Surrendering Significant Rights and Powers Constitutes Economic Discrimination and Exclusive Right (Grant Assurances 5, 22, and 23), Boston Air Charter v. Norwood Airport Commission, FAA Docket No. 16-07-03 (August 14, 2008) (final admin. decision and order).
· Reasonable Refusal to Accommodate Self-Fueling Not Economic Discrimination (Grant Assurance 22), Airborne Flying Service, Inc. v. City of Hot Springs, Arkansas, FAA Docket No. 16-07-06 (May 2, 2008) (final admin. decision and order).
· Airport Use of Aeronautical Property for Non-Aeronautical Purpose Not a Ban on Redevelopment of Land and Displacement of Tenant (Grant Assurances 22, 23, and 24), Thermco Aviation, Inc. and A-26 Company v. City of Los Angeles, Los Angeles Board of Airport Commissioners, and Los Angeles World Airports, FAA Docket No. 16-06-07 (December 17, 2007) (final admin. decision and order).
· Conflicts between Contractual Obligations and an Airport Improvement Program (AIP) Grant Recipient's Federal Obligations (Grant Assurances 5 (preserving rights and powers), 22 (economic nondiscrimination), 23 (exclusive rights), and 38 (hangar construction)), Platinum Aviation and Platinum Jet Center BMI v. Bloomington-Normal Airport Authority, Illinois, FAA Docket No. 16-06-09 (November 28, 2007) (final admin. decision and order)
· Issues of State Contract Law Alleged to be Economic Discrimination, Denial of Access, Grant of Exclusive Rights, and Disparate Treatment under Airport Minimum Standards (Grant Assurances 22 and 23), Rick Aviation, Inc. v. Peninsula Airport Commission, FAA Docket No. 16-05-18 (November 6, 2007) (final admin. decision and order).
· Limitation of FAR Part 121 Air Service Application to Smaller Aircraft Conditioned on Minimum Aircraft Liability Insurance Coverage and Payment of Monthly Airport Operating Fee Not Economic Discrimination (Grant Assurance 22), Flamingo Express, Inc. v. City of Cincinnati, Ohio, FAA Docket No. 16-06-04 (August 9, 2007) (final admin. decision and order), aff'd Flamingo Express, Inc. v. Federal Aviation Administration, No. 07-4226 (6 th Cir. 2008).
· Safety Implications of Taxi-Lanes Across a Fixed Base Operator Ramp (Grant Assurances 19 (Operations and Maintenance), 22 and 23), Roadhouse Aviations, LLC v. City of Tulsa & the Tulsa Airports Improvement Trust, FAA Docket No. 16-05-08 (June 26, 2007) (final admin. decision and order).
· Airport User Fees for Based Aircraft but not Transient Aircraft Not Economic Discrimination (Grant Assurance 22 and 24 (Fee and Rental Structure)), R/T-182, LLC v. Portage County Regional Airport Authority, FAA Docket No. 16-05-14 (March 29, 2007), aff'd R/T 182, LLC v. Federal Aviation Administration, No. 07-3678 (6 th Cir. 2008).
· Disparate Fees for On Airport Tenants and "Through the Fence" Operators Not Economic Discrimination or Exclusive Right (Grant Assurances 22 and 23), Sanford Air, Inc. v. Town of Sanford, Maine, FAA Docket No. 16-05-04 (March 5, 2007) (final admin. decision and order).
· Similarly Situated Tenants, Disparate Lease Terms, Economic Discrimination, and Exclusive Rights (Grant Assurances 22 and 23), BMI Salvage Corporation & Blueside Services, Inc. v. Miami-Dade County, Florida, FAA Docket No. 16-05-16 (March 5, 2007) (final admin. decision and order), rev'd and remanded with instructions BMI Salvage Corporation and Blueside Services, Inc., No. 07-12058 (11 th Cir. 2008).
Publications
· "Development of Contingency Plans for Lengthy Airline On-Board Ground Delays," National Task Force to Develop Model Contingency Plans to Deal with Lengthy Airline On-Board Ground Delays (November 12, 2008). Co-Chair: D. Kirk Shaffer.
· "Future Airport Capacity Task 2 (FACT2), Capacity Needs in the National Airspace System," Federal Aviation Administration (May 15, 2007). Author: D. Kirk Shaffer.
Speaking Engagements
· "FAA Reauthorization: Has the Time Finally Come for Action?" and "Aviation and the Environment: Operating in the World Going Green" "Air Traffic Control Modernization: Making NextGen A Reality," American Association of Airport Executives, 23rd Annual Aviation Issues Conference, Kona, Hawaii (January 2009). Panelist: D. Kirk Shaffer.
· "Air Traffic Control Modernization: Making NextGen A Reality," American Association of Airport Executives, 23rd Annual Aviation Issues Conference, Kona, Hawaii (January 2009). Industry Panel Co-Moderator: D. Kirk Shaffer.
· "Pilot Training Requirements for Airport Ground Operations," American Association of Airport Executives, Runway Safety Summit, Ft. Lauderdale, Florida (November 2008). Panelist: D. Kirk Shaffer.
· "Raising the Bar for Ground Operations Safety on Airports," American Association of Airport Executives, Runway Safety Summit, Ft. Lauderdale, Florida (November 2008). Keynote Speaker: D. Kirk Shaffer.
· "Washington Update," FAA New England Region Airports Division, Annual Airports Conference, Bedford, Massachusetts (October 2008). Speaker: D. Kirk Shaffer.
· "Airport Infrastructure: Investment Opportunities and Challenges," Aviation Finance Summit, New York, New York (October 2008). Speaker: D. Kirk Shaffer.
· "Airports & Airlines: Building Synergies for Optimizing Growth," India Aviation 2008: Scaling New Heights, Hyderabad, India (October 2008). Panelist and Head of United States Delegation: D. Kirk Shaffer.
· Air Transport Association of America, Annual Properties Working Group "All Hands" Meeting, Tempe, Arizona, "Friendly Fire" Target (October 2008). Speaker: D. Kirk Shaffer.
· "NextGen and General Aviation; Airport Improvement Program Update," National Association of State Aviation Officials, Annual Meeting & Tradeshow, Anchorage, Alaska (September 2008). Speaker: D. Kirk Shaffer.
· "Airport Safety-Worldwide Trends," Airports Council International-North America, Annual Conference and Exhibition, Boston, Massachusetts (September 2008). Panelist: D. Kirk Shaffer.
· "Regulatory Update," Airports Council International-North America, Annual Legal Committee Seminar, Boston, Massachusetts (September 2008). Panelist: D. Kirk Shaffer.
· "Airport Safety, Capacity, Compliance, and Finance," American Association of Airport Executives, 24th Annual Basics of Airport Law Workshop, Chicago, Illinois (September 2008). Keynote Speaker: D. Kirk Shaffer.
· "Safety 'Call to Action' Performance and Challenges," Arkansas Airport Operators Association, Annual Conference, Rogers, Arkansas (September 2008). Keynote Speaker: D. Kirk Shaffer.
· "FAA Roundtable Discussion: The Latest from Washington," American Association of Airport Executives, F. Russell Hoyt National Airports Conference, Reno, Nevada (September 2008). Panelist: D. Kirk Shaffer.
· "Safety 'Call to Action' Performance and Challenges," Tennessee Aeronautics Commission, 23rd Annual Tennessee Airports Conference, Nashville, Tennessee (August 2008). Speaker: D. Kirk Shaffer.