TRIPOLI ROCKETRY ASSOCIATION, INC. v. BUREAU OF ALCOHOL, TOBACCO

No. 04-5453.

437 F.3d 75 (2006)

TRIPOLI ROCKETRY ASSOCIATION, INC. and National Association of Rocketry, Appellants v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 10, 2006.


Attorney(s) appearing for the Case

Joseph R. Egan argued the cause for appellants. With him on the briefs were Martin G. Malsch, Robert J. Cynkar, and Charles J. Fitzpatrick.

Jane M. Lyons, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan, Assistant U.S. Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Before: TATEL and GARLAND, Circuit Judges, and EDWARDS, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge EDWARDS.

HARRY T. EDWARDS, Senior Circuit Judge.

Appellants Tripoli Rocketry Association and National Association of Rocketry are non-profit organizations whose members are hobby rocket enthusiasts. They challenge the Bureau of Alcohol, Tobacco, Firearms & Explosives' ("ATFE") refusal to alter its classification of ammonium perchlorate composite propellant ("APCP") as an "explosive" for purposes of 18...

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