Civil Practice – Preliminary Injunction – Administrative – Tobacco Import Permit

Tobaccoville USA, Inc. v. United States Department of the Treasury (Lawyers Weekly No. 002-050-16, 10 pp.) (R. Bryan Harwell, J.) 4:16-cv-00424; D.S.C.

Holding: In an ongoing administrative proceeding, plaintiff contests defendant Alcohol and Tobacco Tax and Trade Bureau’s (TTB’s) contemplated disapproval of plaintiff’s application for a new tobacco import permit. Since TTB has stated that plaintiff will maintain its current permit throughout the administrative process and any judicial review of its application, plaintiff will not suffer irreparable harm by having to exhaust its administrative remedies.

The court denies plaintiff’s motions for a temporary restraining order and a preliminary injunction.

Plaintiff has not yet received a ruling from the administrative law judge, and that ruling may very well be favorable to plaintiff. Moreover, even if the ALJ issues an unfavorable decision, plaintiff still has the opportunity to challenge that decision at two more levels of administrative review before TTB issues a final decision on plaintiff’s application.