Term
Presumption against formal rulemaking can only be overcome by express statutory language requiring a hearing on the record. |
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Definition
U.S. v. Florida East Coast Railway |
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Term
Courts cannot impose additional rulemaking procedures on agencies beyond those required by the APA. |
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Definition
Vermont Yankee Nuclear Power Corp v. NRDC |
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Term
Ex parte communications after an NPRM, between agency employees and an interested party, should be entered into the rulemaking record out of an abundance of caution. |
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Definition
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Term
Courts must defer to an agency's reasonable interpretation of an ambiguous statute. |
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Definition
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Term
Due process requires notice and a hearing before a local tax board can impose taxes on specific landowners with 'specially benefited' property. |
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Definition
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Term
Reqs of due process requires balancing of (1) private interest affected; (2) government interest, incl $ and adminv burdens; (3) value of addtnl procedures and risk of error w/o them. |
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Definition
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Term
The scope of judicial review for mixed questions of law and fact is whether there is (1) warrant in the record to support the agency's factual conclusions, and (2) a reasonable basis in the law to support the agency's explanation of its decision. |
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Definition
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Congress "commits an action to agency discretion" when (1) the statute grants the agency discretion, and (2) the law doesn't establish a standard against which courts can assess the exercise of that discretion--i.e. there is "no law to apply." |
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Definition
Citizens to Preserve Overton Park v. Volpe (agency discretion) |
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Term
Agency interpretations are only entitled to Chevron deference if the agency rule is made within congressionally delegated power to make rules with the force of law. |
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Definition
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Term
There is a general presumption of judicial review for all agency actions that can only be overcome by congressional intent that is "clear and convincing." (Now "fairly discernible" in the statutory scheme.) |
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Definition
Abbott Labs v. Gardner
(judicial review) |
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Term
There is no judicial review for agency’s discretionary decision to refrain from enforcement proceedings. |
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Definition
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Term
In determining whether a case is ripe, consider whether the the agency action (1) is fit for judicial review (Final agency action? Purely legal question?), and (2) would denying review now have a significant hardship on the parties (day-to-day effects on plaintiff vs abstract reqs; hardship on govt). |
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Definition
Abbott Labs v. Gardner (ripeness) |
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Term
Any legislative act without both bicameralism and presentment is unconstitutional unless expressly outlined in the Constitution. |
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Definition
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Term
Unlike principal officers, inferior officers tend to be (1) subject to removal by a higher executive branch official other than the President, (2) have limited duties; (3) have limited authority; (4) have limited tenure. |
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Definition
Morrison v. Olson
(officers) |
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Term
Agency orders/rules which affect vast numbers (i.e. adopted w/o "individualized decisionmaking") of people may be adopted without affording every interested party a direct opportunity to be heard. |
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Definition
Bi-Metallic Investment Co v. Colorado |
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Term
Restrictions on the President's removal powers cannot interfere with his ability to execute his executive powers or 'Take Care' duties. |
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Definition
Morrison v. Olson (restrictions) |
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Term
FOIA does not itself give rise to a private right to prevent disclosure of documents. |
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Definition
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Term
The loss of a government entitlement has the same adverse impact on a person as when the government deprives that person of private property. |
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Definition
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Term
In determining whether an agency's rulemaking was arbitrary and capricious, courts should only consider the agency's contemporaneous (as opposed to post hoc) explanation. |
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Definition
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Term
An agency's choice to proceed by either rulemaking or ad hoc adjudication is within that agency's informed discretion informed discretion. |
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Definition
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Term
The scope of review of agency adjudication under the substantial evidence standard is whether the record (considered on the whole) presents substantial evidence to support an agency's finding of fact--i.e. that a reasonable person would find the agency's factual finding is adequately supported by the record. |
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Definition
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Term
Arbitrary and capricious review of a agency rulemaking involves a determination of whether a reasonable person would arrive at the same outcome as the agency. |
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Definition
Citizens to Preserve Overton Park v. Volpe (arb&cap) |
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Term
An agency's explanation of its rule must be sufficient to provide a reviewing court with a basis to determine whether the rule was arbitrary and capricious. |
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Definition
Citizens to Preserve Overton Park v. Volpe (adequate explanation) |
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Term
When reviewing an agency's informal adjudication, courts should determine (1) whether the official acted within the scope of the official's authority, (2) whether the official's ultimate choice was a reasonable one; and 3) whether the official followed all necessary procedural requirements. |
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Definition
Citizens to Preserve Overton Park v. Volpe (scope of review) |
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