ACTION ON SMOKING AND HEALTH v. C.A.B.

Nos. 79-1044, 79-1095, 79-1754 and 81-2023.

699 F.2d 1209 (1983)

ACTION ON SMOKING AND HEALTH, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. ACTION ON SMOKING AND HEALTH, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. ACTION ON SMOKING AND HEALTH, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. ACTION ON SMOKING AND HEALTH, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent Air Transport Association of America, Transamerica Airlines, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 28, 1983.


Attorney(s) appearing for the Case

John F. Banzhaf, III, Washington, D.C., with whom Paul N. Pfeiffer and Athena Mueller, Washington, D.C., were on the brief, for petitioner in 79-1044, 79-1095, 79-1754 and 81-2023. Peter N. Georgiades, Pittsburgh, Pa., also entered an appearance for petitioner, in 79-1044 and 79-1095.

Kathleen O. Argiropoulos, Washington, D.C., for intervenor, Air Transport Association of America in 81-2083.

Walter D. Hansen, Washington, D.C., for intervenor, Transamerica Airlines, Inc., in 81-2023. Jeffrey A. Manley, Washington, D.C., also entered an appearance for intervenor, Transamerica Airlines, Inc.

Mark Frisbie, Attorney, C.A.B., Washington, D.C., with whom Ivars V. Mellups, Deputy Gen. Counsel, Thomas L. Ray, Acting Associate Gen. Counsel, C.A.B., Barry Grossman and Mark Del Bianco, Attorneys, Dept. of Justice were on the brief, for respondent. Glen M. Bendixsen, Barbara Thorson, Gary J. Edles and Michael Schopf, Attorneys, C.A.B., Margaret G. Halpern, John J. Powers, III, and Robert B. Nicholson, Attorneys, Dept. of Justice, Washington, D.C., also entered appearances for respondents.

Before WRIGHT and MIKVA, Circuit Judges and BAZELON, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge BAZELON.

BAZELON, Senior Circuit Judge:

Petitioner, Action on Smoking and Health (ASH), challenges the promulgation of Regulation ER-1245 by the Civil Aeronautics Board (Board). That regulation relaxes prior protections afforded nonsmokers against breathing the tobacco smoke of fellow passengers aboard aircraft. The Air Transport Association of America and Transamerica Airlines, Inc. have intervened to argue...

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