Representative Matters

  • Pablo represented a municipality, owner and operator of a commercial air service airport in a DOT proceeding establishing the rights of the airport proprietor with respect to passenger air service under the Wright Amendment. Love Field Interpretation Proceeding, Declaratory Order, Order No. 98-12-27 (Dec. 23, 1998); aff’d sub nom American Airlines v. Department of Transportation, 202 F.3d 788 (5th Cir. 2000).
  • He was part of the team that successfully represented an airport owner, as amicus curiae, in a challenge brought by a neighboring community against the FAA‘s NEPA Record of Decision approving the construction of a new parallel runway.  City of Bridgeton v. FAA, 212 F.3d 448 (8th Cir. 2000), reh’g and reh’g en banc denied (June 13, 2000), cert. denied 531 U.S. 1111 (2001).
  • He successfully represented an airport proprietor before FAA in a precedential-setting administrative proceeding brought by an airport tenant claiming that the airport was in breach of its obligations under the Surplus Property Act, grant assurances and the statutory prohibition against exclusive aeronautical rights.  Wilson Air Center, LLC v. Memphis & Shelby County Airport Authority, Director’s Determination, FAA Docket No. 16-99-10 (Aug. 2, 2000), aff‘d, Final Agency Decision and Order (Aug. 30, 2001), aff’d sub nom. Wilson Air Center, LLC v. FAA, 372 F.3d 807 (6th Cir. 2004).
  • While an airport’s largest carrier began to de-hub its operations — and just as the financial impact of building a new parallel runway was hitting the airline rate-base — Pablo helped negotiate and then drafted an airport use and lease agreement that provided much-needed flexibility to adjust to rapidly changing conditions.  City of St. Louis, Lambert-St. Louis International Airport®, Airport Use and Lease Agreement (2006 and 2011).
  • He successfully defended a small Midwestern commercial airport from multimillion-dollar claims arising out of allegations that the airport had breached its federal obligations, and guided the airport management through the appropriate steps to come back into full compliance.  Platinum Aviation v. Bloomington-Normal Airport Authority, Director’s Determination, FAA Docket No. 16-06-09 (June 4, 2007), aff’d, Final Agency Decision (Nov. 28, 2007).
  • He led the legal team that prepared the first comprehensive collection and digest of formal and informal federal agency legal determinations addressing airport matters.  Airport Cooperative Research Program, Compilation of DOT and FAA Airport Legal Determinations and Opinion Letters Through December 31, 2007 (June 6, 2008).
  • Pablo has also assisted in several community economic-development projects dependent on airport facilities.