Analysis

In-Flight E-Cigs Ruling Firms Up DOT Rulemaking Power

Law360, New York (July 27, 2017, 7:39 PM EDT) -- The D.C. Circuit's recent decision affirming the U.S. Department of Transportation's ban on electronic cigarette use on commercial flights solidified the department's wide authority to craft regulations affecting consumer conduct onboard aircraft flying in U.S. skies, a seal of approval that comes amid the Trump administration's regulatory crackdown.

A divided D.C. Circuit's July 21 rejection of a petition challenging the DOT's March 2016 final rule explicitly banning the use of e-cigarettes on commercial flights affirmed the deference given to administrative agencies' rulemaking authority, experts say, and underscores that the DOT operated well within its power to set rules for what happens...

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