Legal Opinion
Township of Tinicum v. United States Department of Transportation
Court of Appeals for the Third Circuit
Decided September 14, 2009No. 08-1830PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
CHAGARES, Circuit Judge.
This case requires us to determine whether a municipality may, consistent with the Anti-Head Tax Act (“AHTA”), 49 U.S.C. § 40116, require airlines to pay a tax every time one of their flights lands within the municipality’s borders. Tinicum Township (“Tinicum”) enacted an ordinance establishing just such a tax. Airline industry groups complained to the Department of Transportation (“DOT”), arguing that the tax violated the AHTA. The DOT agreed with the industry groups and issued a declaratory order invalidating the ordinance. Tinicum filed a…
2Cases cited10 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- California v. Hodari D.Supreme Court of the United States · 1991
- United States v. Atlantic Research Corp.Supreme Court of the United States · 2007
- Evansville-Vanderburgh Airport Authority District v. Delta Airlines, Inc.Supreme Court of the United States · 1972
- Northwest Airlines, Inc. v. County of KentSupreme Court of the United States · 1994
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3Cited by12 opinions
- In re the United StatesCourt of Appeals for the Fifth Circuit · 2013
- Balloons Over the Rainbow, Inc. v. Director of RevenueSupreme Court of Missouri · 2014
- In re the United StatesCourt of Appeals for the Third Circuit · 2010
- BNSF Ry. Co. v. Cal. Dep't of Tax & Fee Admin.Court of Appeals for the Ninth Circuit · 2018
- In Re Electronic Communication Service to DiscloseCourt of Appeals for the Third Circuit · 2010
7 more not listed; retrieve them via the Exa API.