Buchalter Nemer is experienced in aviation and transportation law, with particular emphasis on statutes and regulations administered by the Department of Transportation (DOT) and the Federal Aviation Administration (FAA).

With backgrounds in urban and regional planning, our attorneys have expertise unique to transportation law and the coincident land use issues that arise. We have both experience and scientific expertise in evaluating, litigating and resolving environmental (clean air, clean water, toxic waste) and other issues associated with the planning and development of airports, rail lines and ports.

In addition to being well-versed in dealing with both government and regulatory agencies, our attorneys have extensive hands-on experience as counsel to airports, developers, homeowners and community associations in city council, planning commission, airport land use commission (ALUC) and other public hearings, as well as in negotiations with city staff and in related litigation. Representative matters include:

• representation of commuter and regional airlines
• negotiations with the FAA, State and local jurisdictions concerning siting, regulatory and zoning issues for towers, buildings and other tall structures
• representation of Fixed Base Operators (FBOs) in negotiations with airports and filing challenges with the FAA under 14 C.F.R. Part 16
• representation in Federal government rule-making actions
• representation of aircraft owners concerning issues arising from aircraft financing
• representation of aircraft owners in FAA registration and recordation issues
• the regulation of development, zoning and the impact of zoning decisions on airports and ports, the development and application of general, regional and specific plans, airport land use compatibility plans (ALUCPs) and subdivision controls
• representation in the adjudication of environmental issues, including air quality and water quality, related to the operation of airports and ports

In connection with financing, Buchalter Nemer has represented numerous entities in the acquisition of various types of jet aircraft, from Cessna Citations to Boeing Business Jets. These transactions have included the acquisition of new and used aircraft by both U.S. citizen corporations and foreign entities. The structures of these transactions are complicated and often require registration against aircraft and engines in multiple countries through the protocols of the Cape Town Convention and other international treaties.  Examples of these transactions are:

• representation of a major, publicly held oil and gas corporation in the acquisition of a newly built Boeing Business Jet for use by the Chairman of the Board and CEO, and the review and negotiation of contracts for the installation of the custom interior of the Boeing Business Jet
• representation of the security trustee for various foreign banks and government export credit agencies, in drafting and negotiating an opinion for a $2.6 billion term loan to finance the acquisition of 64 new aircraft directly from Airbus by one of the largest aircraft leasing company in the world
• negotiation and documentation of the acquisition of a Gulfstream IV SP for the foreign owner of a multi-billion dollar, multi-national corporation from a major U.S. domiciled international financial institution
• representation of a secured lender in the structuring, negotiation and closing of a $25 million facility to a worldwide provider of aircraft goods and services involving the creation, perfection and priority of security interests in aircraft parts subject to consignment contracts with several major air carries, including Continental Airlines, and the registration against aircraft engines in more than 70 countries under the Cape Town Convention
• negotiation and documentation of the acquisition of a Global Express Aircraft from a major hotel/casino operator for a California domiciled privately held corporation
• the acquisition by a Canadian citizen’s United States holding company of two intervals for the use of a new Gulfstream V from Net Jets
• representation of the aircraft holding subsidiary of a major privately held financial institution in the acquisition of a new Hawker 800 and used Gulfstream V, plus representation of the same entity in the disposition of numerous Gulfstream and Hawker aircraft
• representation and negotiation of the acquisition of a used Lear Jet by a major garment industry client of the firm

Our intellectual property professionals have backgrounds in the design and development of vehicles from motorcycles to automobiles to airplanes, along with a detailed understanding of the fuel, biofuel and alternative fuels industries. With respect to intellectual property protection, Buchalter Nemer represents individuals and companies who are active in the all aspects of transportation in the United States and world-wide, along with review and analysis of transportation-related intellectual property. This work includes:

• a company who designed, developed and is patenting hybrid-electric and electric engine technology for existing model internal combustion engine vehicles and new automobiles
• a company who designed, developed and is patenting electric engines and electric engine technology for motorcycles
• a company who works in the field of biofuel production and pioneers patented methods and apparatus for production and improvement of biofuels
• a company who works in the field of emissions testing
• a company who developed an apparatus and related methods to convert animal waste products into biomass and biofuel components
• a utility-based entity who produces and utilizes biofuels in their own activities
• quarterly columns in the journal Industrial Biotechnology related to biofuels patents and patent applications, along with world wide patent strategies related to green technologies