Legal Opinion
Competitive Enterprise Institute v. United States Department of Transportation
Court of Appeals for the D.C. Circuit
Decided July 21, 2017No. 16-1128PublishedCited by 15 opinions
1Opinion of the Court
RANDOLPH, Senior Circuit Judge:
The principal question is whether a statutory ban on “smoking” on airplanes may support a Department of Transportation regulation banning the use of electronic cigarettes. Two organizations and an e-cigarette user ask us to set aside the regulation on the ground that it is unlawful.
I
Since 1973, federal law has regulated smoking on airplanes. Early regulations rested on a statute requiring “safe and adequate” in-flight service. See 38 Fed. Reg. 12,207, 12,208 (1973) (relying on Federal Aviation Act, Pub. L. No. 85-726, § 404(a), 72 Stat. 731, 760 (1958), amended…
2Cases cited22 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Oncale v. Sundowner Offshore Services, Inc.Supreme Court of the United States · 1998
- Pension Benefit Guaranty Corporation v. LTV Corp.Supreme Court of the United States · 1990
- Babbitt v. Sweet Home Chapter, Communities for Great Ore.Supreme Court of the United States · 1995
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3Cited by15 opinions
- Guedes v. Bureau of Alcohol, Tobacco, FirearmsCourt of Appeals for the D.C. Circuit · 2019
- Bayley's Campground Inc v. MillsCourt of Appeals for the First Circuit · 2021
- Maine Lobstermen's Association v. National Marine Fisheries ServiceCourt of Appeals for the D.C. Circuit · 2023
- Nicopure Labs, LLC v. FDACourt of Appeals for the D.C. Circuit · 2019
- Gun Owners of America, Inc. v. Merrick B. GarlandCourt of Appeals for the Sixth Circuit · 2021
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