Township of Tinicum, Delaware County, Pennsylvania v. DOT, No. 08-1830

A municipality's petition for review of the Department of Transportation's (DOT) order declaring its ordinance imposing tax on airlines every time one of their flights lands within the municipality's borders invalid is denied as the Anti-Head Tax Act, 49 U.S.C. section 40116 text unambiguously demonstrates that subsection (c) is not a savings clause for flight-related taxes. 

Read Township of Tinicum, Delaware County, Pennsylvania v. DOT, No. 08-1830

Appellate Information

On Petition for Review of an Order of the United States Department of Transportation

Opinion Filed September 14, 2009

Judges

Before: Chagares and Hardiman, Circuit Judges and Garbis, District Judge 
Opinion by Chagares, Circuit Judge 

Counsel

Counsel for Appellant: Francis G.X. Pilleggi, Sheldon K. Rennie, Sophia Siddiqui

Counsel for Appellee:  Dale C. Andrews, Paul M. Geier, Mary F. Withum, Robert B. Nicholson, Robert J. Wiggers