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COMPETITIVE ENTERPRISE INSTITUTE v. US DOT

No. 16-1128.

863 F.3d 911 (2017)

COMPETITIVE ENTERPRISE INSTITUTE, et al., Petitioners v. UNITED STATES DEPARTMENT OF TRANSPORTATION and Elaine L. Chao, in her official capacity as Secretary of the U.S. Department of Transportation, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 21, 2017.

Attorney(s) appearing for the Case

Sam Kazman , argued the cause for petitioners. With him on the briefs was Hans Bader .

Tara S. Morrissey , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General at the time the brief was filed, Matthew M. Collette , Attorney, Paul M. Geier , Assistant General Counsel for Litigation and Enforcement, U.S. Department of Transportation, Robert M. Gorman , Trial Attorney, Paula Lee , Trial Attorney, and Blane A. Workie , Assistant General Counsel for Aviation Enforcement and Proceeding.

Before: Kavanaugh, Circuit Judge, and Ginsburg and Randolph, Senior Circuit Judges.

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.

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