Law 360 quoted Tod Northman in a July 27 article focusing on the D.C. Circuit’s recent decision to uphold  the U.S. Department of Transportation’s ban on the use of electronic cigarettes during commercial flights. Tod commented that the decision is “actually important for what it is not.”

“Airlines already ban the use of e-cigarettes on flights, so there is no practical change for commercial passengers,” he said. “However, a decision by the appellate court to overturn the DOT’s interpretation of the anti-smoking statute would have threatened the administrative agency’s rulemaking authority.”