Melissa C. Allison

Partner

Overview

Melissa Cook Allison is a partner with more than twenty years of experience representing airports, municipalities, public agencies, and private sector clients in complex litigation, federal regulatory compliance matters, and high-stakes administrative proceedings. Melissa is nationally recognized for her work advising airport sponsors on FAA grant assurances, airport access disputes, federal preemption issues, airport rates and charges, concession and labor-related policies, and compliance with evolving federal regulatory requirements.

Melissa represents airport operators nationwide in FAA Part 13 and Part 16 proceedings, federal court litigation, and regulatory enforcement matters involving the Federal Aviation Administration (FAA), Transportation Security Administration (TSA), and U.S. Department of Transportation (DOT). She regularly counsels airports on how to structure operational rules, labor-related programs, permitting requirements, and access policies to minimize litigation risk while maintaining compliance with federal law and grant obligations. Her experience includes defending airport sponsors in litigation involving peer-to-peer rental car companies, airport access restrictions, living wage ordinances, labor peace requirements, airport proprietor rights, and emerging aviation and mobility issues.

In addition to her airport practice, Melissa has extensive experience handling complex litigation involving land use, administrative law, environmental disputes, constitutional claims, and public sector governance. She advises municipalities and public entities on regulatory compliance, internal governance, public records, and open meeting requirements, and has successfully represented governmental clients through trial and appellate proceedings, including before the Massachusetts Supreme Judicial Court.

BEYOND THE OFFICE

In her free time, Melissa enjoys being outdoors, practicing yoga, cooking, and traveling. She spends most of her time outside of the office, however, attempting to tame her energetic children.

PRACTICE AREAS

Practice Areas

Credentials

Education

Boston College Law School, J.D. 2003 cum laude
Senior Articles Editor, Third World Law Journal

Bryn Mawr College, B.A. 1999 magna cum laude
High Thesis Honors

Admissions

U.S. Court of Appeals, Eighth Circuit

U.S. Court of Appeals, Second Circuit

U.S. Court of Appeals, Ninth Circuit

U.S. Court of Appeals, First Circuit

Massachusetts

U.S. District Court, District of Massachusetts

U.S. Court of Appeals, D.C. Circuit

Melissa also has been admitted on particular matters in several courts around the country.

 

Clerkship

Honorable Joseph R. Goodwin, U.S. District Court, Southern District of West Virginia

Recognition

Massachusetts Super Lawyers, 2019-2026

Affiliations

Lawyers for Civil Rights Boston, Board Member

Experience

Airport Regulatory Compliance and FAA Proceedings & Aviation Litigation

  • Represents airport sponsors nationwide in FAA Part 13 and Part 16 proceedings involving airport access, airport rates and charges, federal preemption, airport revenue use, and other grant assurance compliance issues.
  • Defended airport sponsors in ongoing FAA Part 13 and Part 16 proceedings concerning airport rates and charges, airport proprietor rights and access issues, including matters involving Orange County and Santa Monica airports.
  • Facilitated airport owners’ resolutions of significant disputes with the FAA involving alleged diversion of airport revenue, release of airport land, ACDBE compliance, and other federal grant assurance obligations.
  • Represented airports in administrative and judicial appeals of FAA Part 77 Determinations of Hazard related to on-airport construction projects, resulting in settlements and issuance of Determinations of No Hazard.
  • Successfully negotiated with the FAA to obtain a substantial reduction of a civil penalty in an FAA enforcement action concerning the shipment of hazardous materials.
  • Advises airport sponsors nationwide on compliance with evolving federal grant conditions, grant assurances, revenue use restrictions, and related litigation involving the intersection of federal law and local authority.

Airport Access, Labor & Federal Preemption Litigation

  • Represented Los Angeles World Airports (LAWA) in federal and state litigation involving Living Wage Ordinance challenges brought by an airline catering provider and a ground transportation operator, resolving both matters efficiently with minimal litigation.
  • Represented the operator of Minneapolis-Saint Paul International Airport in federal litigation brought by concessionaires challenging labor peace requirements, prevailing on a motion to dismiss before achieving a successful settlement prior to appeal.
  • Represented airport operators in federal litigation involving peer-to-peer rental car by Turo at Los Angeles International Airport (LAX), successfully resolving the matter before trial, and advised several airport operators nationwide on agreements with Turo to resolve similar disputes.
  • Represented airport operators in airport access disputes and related FAA proceedings involving emerging aviation operators and app-based transportation services, including obtaining dismissal of litigation involving public charter operations at Orange County/John Wayne Airport.
  • Successfully defended an airport proprietor in high-profile federal antitrust and RICO litigation in Massachusetts.

Federal Administrative Enforcement

  • Successfully challenged a TSA aviation worker screening rule under the Administrative Procedure Act, resulting in a court ruling vacating the rule and requiring TSA to undertake APA-compliant rulemaking.
  • Represents airport operators in connection with FAA, TSA and other DOT enforcement actions, such as enforcement of airport security plans and security directives, Part 139 inspection issues, and Part 77 airspace reviews.

Amicus & Industry Advocacy

  • Filed amicus brief on behalf of Airports Council International – North America (ACI-NA) in federal litigation concerning airport proprietor rights and federal aviation law.
  • Authored an amicus brief on behalf of ACI-NA in the September 11 litigation.

Complex Litigation, Appeals & Public Law

  • Successfully defended the Massachusetts Gaming Commission against multiple challenges brought by the City of Boston, the City of Revere, and individual plaintiffs concerning the Commission’s award of a casino license to Wynn Resorts, including claims under the Massachusetts Open Meeting Law.
  • Successfully argued before the Massachusetts Supreme Judicial Court on behalf of amici Boston Public School students and civil rights and education organizations to preserve Massachusetts’ statutory cap on charter school funding.
  • Successfully represented the Town of Concord, Massachusetts at trial and through appeals before the Massachusetts Supreme Judicial Court in litigation protecting public access to a historic public way.
  • Defeated two lawsuits challenging a healthcare provider’s prior authorization requirements for compounded drug coverage.
  • Advises governmental clients on public law and governance matters, including conflicts of interest, public records, open meeting law compliance, and internal governance issues.

Insights

  • Panelist, "Litigation Update," Airports Council International-North America (ACI-NA) Annual Conference (September 2022)
  • Panelist, "Disruptive Technologies at Airports," Airports Council International-North America (ACI-NA) Spring Legal Affairs Conference (May 2022)
  • Panelist, "Litigation Update," Airports Council International-North America (ACI-NA) Spring Legal Affairs Conference (May 2022)
  • Panelist, “Part 16 and Part 13,” Airports Council International-North America (ACI-NA) Legal Webinar (November 2020).
  • “Non-aeronautical Leases,” Massachusetts Airport Managers Association (MAMA) (October 2019).
  • Panelist, “Consortiums at Airports: Beyond Fuel Systems,” Airports Council International-North America (ACI-NA) Spring Legal Affairs Conference (2018).
  • “Airport Commissioner’s Roundtable,” Massachusetts Airport Managers Association (MAMA) (September 2018).

Melissa Cook Allison is a partner with more than twenty years of experience representing airports, municipalities, public agencies, and private sector clients in complex litigation, federal regulatory compliance matters, and high-stakes administrative proceedings. Melissa is nationally recognized for her work advising airport sponsors on FAA grant assurances, airport access disputes, federal preemption issues, airport rates and charges, concession and labor-related policies, and compliance with evolving federal regulatory requirements.

Melissa represents airport operators nationwide in FAA Part 13 and Part 16 proceedings, federal court litigation, and regulatory enforcement matters involving the Federal Aviation Administration (FAA), Transportation Security Administration (TSA), and U.S. Department of Transportation (DOT). She regularly counsels airports on how to structure operational rules, labor-related programs, permitting requirements, and access policies to minimize litigation risk while maintaining compliance with federal law and grant obligations. Her experience includes defending airport sponsors in litigation involving peer-to-peer rental car companies, airport access restrictions, living wage ordinances, labor peace requirements, airport proprietor rights, and emerging aviation and mobility issues.

In addition to her airport practice, Melissa has extensive experience handling complex litigation involving land use, administrative law, environmental disputes, constitutional claims, and public sector governance. She advises municipalities and public entities on regulatory compliance, internal governance, public records, and open meeting requirements, and has successfully represented governmental clients through trial and appellate proceedings, including before the Massachusetts Supreme Judicial Court.

BEYOND THE OFFICE

In her free time, Melissa enjoys being outdoors, practicing yoga, cooking, and traveling. She spends most of her time outside of the office, however, attempting to tame her energetic children.

Education

Boston College Law School, J.D. 2003 cum laude
Senior Articles Editor, Third World Law Journal

Bryn Mawr College, B.A. 1999 magna cum laude
High Thesis Honors

Admissions

U.S. Court of Appeals, Eighth Circuit

U.S. Court of Appeals, Second Circuit

U.S. Court of Appeals, Ninth Circuit

U.S. Court of Appeals, First Circuit

Massachusetts

U.S. District Court, District of Massachusetts

U.S. Court of Appeals, D.C. Circuit

Melissa also has been admitted on particular matters in several courts around the country.

 

Clerkship

Honorable Joseph R. Goodwin, U.S. District Court, Southern District of West Virginia

Massachusetts Super Lawyers, 2019-2026

Lawyers for Civil Rights Boston, Board Member

Airport Regulatory Compliance and FAA Proceedings & Aviation Litigation

  • Represents airport sponsors nationwide in FAA Part 13 and Part 16 proceedings involving airport access, airport rates and charges, federal preemption, airport revenue use, and other grant assurance compliance issues.
  • Defended airport sponsors in ongoing FAA Part 13 and Part 16 proceedings concerning airport rates and charges, airport proprietor rights and access issues, including matters involving Orange County and Santa Monica airports.
  • Facilitated airport owners’ resolutions of significant disputes with the FAA involving alleged diversion of airport revenue, release of airport land, ACDBE compliance, and other federal grant assurance obligations.
  • Represented airports in administrative and judicial appeals of FAA Part 77 Determinations of Hazard related to on-airport construction projects, resulting in settlements and issuance of Determinations of No Hazard.
  • Successfully negotiated with the FAA to obtain a substantial reduction of a civil penalty in an FAA enforcement action concerning the shipment of hazardous materials.
  • Advises airport sponsors nationwide on compliance with evolving federal grant conditions, grant assurances, revenue use restrictions, and related litigation involving the intersection of federal law and local authority.

Airport Access, Labor & Federal Preemption Litigation

  • Represented Los Angeles World Airports (LAWA) in federal and state litigation involving Living Wage Ordinance challenges brought by an airline catering provider and a ground transportation operator, resolving both matters efficiently with minimal litigation.
  • Represented the operator of Minneapolis-Saint Paul International Airport in federal litigation brought by concessionaires challenging labor peace requirements, prevailing on a motion to dismiss before achieving a successful settlement prior to appeal.
  • Represented airport operators in federal litigation involving peer-to-peer rental car by Turo at Los Angeles International Airport (LAX), successfully resolving the matter before trial, and advised several airport operators nationwide on agreements with Turo to resolve similar disputes.
  • Represented airport operators in airport access disputes and related FAA proceedings involving emerging aviation operators and app-based transportation services, including obtaining dismissal of litigation involving public charter operations at Orange County/John Wayne Airport.
  • Successfully defended an airport proprietor in high-profile federal antitrust and RICO litigation in Massachusetts.

Federal Administrative Enforcement

  • Successfully challenged a TSA aviation worker screening rule under the Administrative Procedure Act, resulting in a court ruling vacating the rule and requiring TSA to undertake APA-compliant rulemaking.
  • Represents airport operators in connection with FAA, TSA and other DOT enforcement actions, such as enforcement of airport security plans and security directives, Part 139 inspection issues, and Part 77 airspace reviews.

Amicus & Industry Advocacy

  • Filed amicus brief on behalf of Airports Council International – North America (ACI-NA) in federal litigation concerning airport proprietor rights and federal aviation law.
  • Authored an amicus brief on behalf of ACI-NA in the September 11 litigation.

Complex Litigation, Appeals & Public Law

  • Successfully defended the Massachusetts Gaming Commission against multiple challenges brought by the City of Boston, the City of Revere, and individual plaintiffs concerning the Commission’s award of a casino license to Wynn Resorts, including claims under the Massachusetts Open Meeting Law.
  • Successfully argued before the Massachusetts Supreme Judicial Court on behalf of amici Boston Public School students and civil rights and education organizations to preserve Massachusetts’ statutory cap on charter school funding.
  • Successfully represented the Town of Concord, Massachusetts at trial and through appeals before the Massachusetts Supreme Judicial Court in litigation protecting public access to a historic public way.
  • Defeated two lawsuits challenging a healthcare provider’s prior authorization requirements for compounded drug coverage.
  • Advises governmental clients on public law and governance matters, including conflicts of interest, public records, open meeting law compliance, and internal governance issues.

News

Speaking Engagements

  • Panelist, "Litigation Update," Airports Council International-North America (ACI-NA) Annual Conference (September 2022)
  • Panelist, "Disruptive Technologies at Airports," Airports Council International-North America (ACI-NA) Spring Legal Affairs Conference (May 2022)
  • Panelist, "Litigation Update," Airports Council International-North America (ACI-NA) Spring Legal Affairs Conference (May 2022)
  • Panelist, “Part 16 and Part 13,” Airports Council International-North America (ACI-NA) Legal Webinar (November 2020).
  • “Non-aeronautical Leases,” Massachusetts Airport Managers Association (MAMA) (October 2019).
  • Panelist, “Consortiums at Airports: Beyond Fuel Systems,” Airports Council International-North America (ACI-NA) Spring Legal Affairs Conference (2018).
  • “Airport Commissioner’s Roundtable,” Massachusetts Airport Managers Association (MAMA) (September 2018).