News & Publications

Court Affirms DOT Declaratory Order on Privilege Fee

On September 14, 2009, the U.S. Court of Appeals for the Third Circuit affirmed DOT's determination that a "privilege fee" imposed by Tinicum Township (PA) for the use of Philadelphia International Airport violated the Anti-Head Tax Act.  Tinicum Township does not operate the Airport; however, portions of the Airport are located within the Township.  Both DOT and the Court of Appeals considered the proper interpretation of the Anti-Head Tax Act, both before and after recodification in 1994.  The court concluded that the Anti-Head Tax Act unambiguously prohibited the privilege fee.