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LILLIPUTIAN SYS. v. PIPELINE & HAZARDOUS MATERIALS

No. 13-1058.

741 F.3d 1309 (2014)

LILLIPUTIAN SYSTEMS, INC., Petitioner v. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 31, 2014.

Attorney(s) appearing for the Case

Stephen A. Vaden argued the cause for petitioner. With him on the briefs was Gregory S. Walden.

Dana L. Kaersvang , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Stuart F. Delery , Assistant Attorney General, Michael Jay Singer , Attorney, Paul M. Geier , Assistant General Counsel for Litigation, U.S. Department of Transportation, Peter J. Plocki , Deputy Assistant General Counsel for Litigation, and Joy K. Park , Trial Attorney.

Before: Rogers and Kavanaugh, Circuit Judges, and Williams, Senior Circuit Judge.

ROGERS, Circuit Judge:

Lilliputian Systems, Inc. manufactures micro fuel cells powered by butane, a highly flammable liquified gas. Micro fuel cells are a portable source of electricity, intended as an alternative to batteries to meet consumers' increasing demand for the use of portable electronic devices. Lilliputian challenges the prohibition in a final rule against airline passengers and crew carrying butane fuel cell cartridges in their checked baggage as arbitrary...

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