ATA joined with the Airports Council International--North America, the Air Line Pilots Association, the Aircraft Owners and Pilots Association, the National Business Aviation Association and the Regional Airlines Association to file an amicus brief with the U.S. Supreme Court on January 12, 2007 urging them to review a decision by the Nevada Supreme Court. That decision held that a building height restriction, designed to protect approaches to the airport from obstructions, has resulted in a per se "taking." Based on the Nevada court's ruling, Clark County (owner and operator of McCarran Airport) must pay a casino developer $6.5 million compensation for not being able to build a building taller than 66 feet, and another $10 million in interest, fees, and costs. The potential for billions of dollars in takings claims just in Nevada – coupled with the chilling effect on local land-use authorities that might be reluctant to adopt or enforce building restrictions to protect airport approach and departure paths, brought the associations together in an unprecedented show of solidarity.
McCarran v. Sisolak Amicus Brief