Action on Smoking and Health v. Civil Aeronautics Board
Court of Appeals for the D.C. Circuit
1Opinion of the Court
ORDER
2Per curiam
For the reasons set forth in the attached memorandum, petitioner’s motion for emergency relief is granted. That portion of ER-1245A that revokes the “unreasonably burdened” language is vacated.
We further order the CAB to republish the “unreasonably burdened” provision of ER-1091 until such time as those provisions may be amended or revoked by proper rule-making made after new notice and comment proceedings in compliance with the requirements of section 4(b), (c) of the Administrative Procedure Act, 5 U.S.C. § 553(b), (c) (1976).
Memorandum
On January 28, 1983, this court entered its…
3Cases cited25 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
- Camp v. PittsSupreme Court of the United States · 1973
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4Cited by109 opinions
- International Ladies' Garment Workers' Union v. Raymond J. DonovanCourt of Appeals for the D.C. Circuit · 1983
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- Paulsen v. DanielsCourt of Appeals for the Ninth Circuit · 2005
- Chamber of Commerce of United States v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2006
- Heartland Regional Medical Center v. SebeliusCourt of Appeals for the D.C. Circuit · 2009
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