Articles Posted in US Court of Appeals for the District of Columbia Circuit

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The DC Circuit upheld the Department's final rule defining e-cigarette use as "smoking" for purposes of airplane travel under 49 U.S.C. 41706. The Department rested its authority for the regulation on two sections authorizing past aircraft smoking regulations, 49 U.S.C. 41706 (prohibition on "smoking" on scheduled passenger flights within, to, or from the United States) and 49 U.S.C. 41702 ("air carrier shall provide safe and adequate interstate air transportation"). The court held that a "smoking prohibition" reasonably applies to products intended to enable users to inhale and exhale nicotine; the regulation was not arbitrary; the Department acknowledged petitioners' contrary evidence and explained why the regulation was still warranted; and the Department did not impermissibly rely on new studies in the final rule, but instead included new supplementary information that expands on and confirms data in the rulemaking record. Because the court upheld the regulation under section 41706, the court need not address section 41702. View "Competitive Enterprise Institute v. DOT" on Justia Law

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Petitioner sought refunds from TSA for overpayments it made to TSA that related to fees charged to airline passengers that fund aviation security expenses and were to be remitted to TSA. TSA conducted an informal adjudication and refused to consider the refund request. The DC Circuit rejected the notion that petitioners' request for a refund was a tardy effort to reopen an audit. Putting aside the audit as irrelevant, there still remained the question of whether it was arbitrary and capricious for the Under Secretary to refuse to pay a refund, as he was statutorily authorized—but not commanded—to do. Accordingly, the court remanded to TSA for further proceedings. View "United Airlines, Inc. v. TSA" on Justia Law