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Jones Day Airlines and Aviation News Blast                                                              April 2008


A View From 30,000 Feet
Message from the Practice Leadership


The Realities of Today--and Probably Tomorrow
By John D. Goetz

 

Airlines and the aviation industry continue to undergo tumultuous, unprecedented, and almost daily change.  Pick up any newspaper, search the web, or turn on the TV: Chances are that you'll see any number of stories focusing on airlines and the aviation industry.  Air travel is the single most important tool in today's world to bring people face-to-face, create wealth, encourage globalization, and nurture emerging markets.  Yet the challenges--and attacks--aimed at the airline and aviation industry seem limitless. MORE

 

 

Industry Updates

A Seemingly Paradoxical U-Turn Attitude of the European Commission Vis-à-Vis Airlines

By Eric Morgan de Rivery

 

Airlines operating in the European Union currently face a drastic change in the European Commission's approach to the cooperation that they may have developed with their competitors. Indeed, while the Commission has, at least until recently, always encouraged cooperation among airlines, it is now ready to heavily condemn such cooperation without warning when deemed anticompetitive. 


The paradoxical reversal in attitude on the part of the Commission places the airlines in a position that is all the more uncomfortable since the legal certainty that was ensured until now by a set of block exemptions and the publication of the Commission's decisions seems to vanish.  MORE

 

 

Striking Down New York State's Passenger Bill of Rights

By John D. Goetz
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Score a big win for the airlines: On March 25, 2008, the U.S. Court of Appeals for the Second Circuit struck down New York State's populist-inspired "Passenger Bill of Rights" statute. The court held that only the U.S. federal government has the authority to enact such a law, and allowing New York to impose its whim would threaten the uniform federal regulation of U.S. air travel.  The decision dealt a blow to those who would have states enact legislation on a patchwork basis to regulate air travel in this and other areas.  MORE

 

 

Criminalizing Air Crashes Does Not Prevent Repeated Occurrences
By Laurent Martinet and Ozan Akyurek

 

In recent years, it is fair to say that more and more aviation accidents have become the focus of criminal investigations that would eventually preclude the collection and sharing of aviation safety information. It is therefore not surprising to see that the alarm has been recently raised by several organizations of the aviation industry that are willing to avoid parallel investigations that, at the end of the day, could hamper safety and create a climate of fear.  MORE

 

 

Europe's Unwelcome Scheme to Make Aviation Go Green
By Thomas E. Gillespie and Jason A. Schwartz

 

It appears clear, from recent statements made by European Union representatives, that the EU intends to move ahead aggressively with plans to impose a comprehensive emissions trading scheme on all airlines flying into or out of European airports by 2012.  Far from certain, however, is whether such a plan will be able to overcome the intense opposition being voiced by the aviation industry and non-European governments.  MORE

 

 

Recent Additions

Andrew Steinberg, Top U.S. Aviation Official, Joins Jones Day's Washington Office

Andrew B. Steinberg will join the Firm's government regulation practice as a partner in Washington effective May 1. Mr. Steinberg comes to Jones Day after five years of public service at the U.S. Department of Transportation, where he served both as the Assistant Secretary for Aviation and International Affairs and as the Chief Counsel of the Federal Aviation Administration. He has also held a variety of high-level legal and executive posts in the travel and transportation industries.  MORE


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