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ILLINOIS DEPT. OF TRANSP. v. HINSON

No. 96-2536.

122 F.3d 370 (1997)

ILLINOIS DEPARTMENT OF TRANSPORTATION, Petitioner, v. David HINSON, Administrator of the Federal Aviation Administration; Federico F. Peña, Secretary of Transportation; and City of Chicago, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided August 1, 1997.

Attorney(s) appearing for the Case

Daniel N. Malato, Mary E. Welsh (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Petitioner.

Martin W. Matzen, Albert M. Ferlo, Lisa E. Jones, Department of Justice, Land & Natural Resources Division, Washington, DC, David R. Hinson, Barry Moler (argued), Federal Aviation Administration, Washington, DC, for Respondent Hinson.

Martin W. Matzen, Albert M. Ferlo, Lisa E. Jones, Department of Justice, Land & Natural Resources Division, Washington, DC, Rosalind A. Knapp, Department of Transportation, Washington, DC, for Respondent Pena.

Lawrence Rosenthal, Benna R. Solomon, Susan S. Sher, Thomas J. Bamonte (argued), Office of the Corporation Counsel, Appeals Division, Chicago, IL, Hugh Murphy, Department of Aviation-Chicago O'Hare, Chicago, IL, for Respondent City of Chicago, Department of Aviation.

Before POSNER, Chief Judge, and BAUER and MANION, Circuit Judges.

POSNER, Chief Judge.

A provision of the Federal Aviation Act empowers public agencies (that control airports to levy, with the permission of the Federal Aviation Administration) a "passenger facility charge" on all emplaning passengers to finance improvements either at the airport from which the passenger is emplaning or at "any other airport the agency controls." 49 U.S.C. § 40117(b)(1). The FAA has authorized the City of Chicago, which owns O'Hare Airport,...

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