United States Third Circuit

In an action challenging the revocation of petitioner's license to manufacture fireworks and denial of a renewal of a license to import fireworks, ATF decisions to respectively revoke and deny those licenses are affirmed where: 1) under a Chevron analysis, the agency reasonably interpreted the statutory term "willful" with respect to petitioner's violations of federal statutes; and 2) substantial evidence supported agency findings that petitioner willfully violated agency regulations.

Appellate Information

• Argued 06/03/2008
• Decided 10/10/2008
• Published 10/10/2008

Judges

• Before:  FISHER and JORDAN, Circuit Judges, and YOHN, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Don P. Foster (Argued), Klehr, Harrison, Harvey, Branzburg & Ellers, Philadelphia, PA, for Petitioner.


• For Appellees:
  
• Kelsi B. Corkran (Argued), United States Department of Justice, Appellate Section, Mark B. Stern, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Respondent.