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.
On Petition for Review of an Order of the United States Department of Transportation
Opinion Filed September 14, 2009
Counsel for Appellee: Dale C. Andrews, Paul M. Geier, Mary F. Withum, Robert B. Nicholson, Robert J. Wiggers