APA Procedures Flashcards
Vermont Yankee v. NRDC
Informal rulemaking:
- SC says “stop” to DC Circuit.
- Gov. can’t add procedures beyond statute.
- Statute is not “floor” of min. requirements.
Connecticut Light and Power v. NRC
Informal rulemaking:
- Court accepts agency action - adds no additional procedure
- DC Cir. grudgingly approves because industry regulated more due to action
American Radio Relay League v. FCC
Informal rulemaking:
- Notice must include all info. agency used to issue NPR.
- Includes technical studies and staff reports
US v. Florida East Coast Railway
Formal rulemaking:
- Unless statute calls for “on the record” hearing, informal procedures suffice.
- 556/7 “not triggered”
- Taken from Allegheny-Ludlum
US v. Allegheny-Ludlum Steel
Formal rulemaking:
- Created “on the record” interpretation of 553: unless statute calls for “on the record” proceedings, informal procedures suffice
City of West Chicago v. NRC
Formal adjudication:
- Presumption of informal procedures unless state clearly calls for formal
- Invocation of “Chevron deference,” typically applied to substantive issues here applied to procedure
- NRC issued “corrective action” without formal hearing; did not issue fine
Seacoast Anti-Pollution League v. Costle
Formal adjudication:
- Presumption of formal procedures unless statute clearly states that formal pro. are unnecessary
- Opposite West Chicago & FECR’s rulemaking presumption
- Led to more regulation of industry
Chemical Waste Management v. US EPA
Formal adjudication:
- No presumption: follow statute; if unclear, defer to agency
- Chevron deference
Citizens to Preserve Overton Park v. Volpe
Informal adjudication:
- Court can add procedures not required by statute if necessary for judicial review
- More information needed to determine if rule “arbitrary and capricious” under 706
Pension Benefit Guarantee Corp. v. LTV
Informal adjudication:
- Court cannot add requirements when agency reasons deemed sufficient
- Follows Vermont Yankee
Portland Cement v. Ruckelshaus
Informal rulemaking:
- DC Circuit 1973
- Can’t base rule based on information know solely to agency
- Data and underlying studies must be revealed
Building Industry Assoc. of Superior CA v. Norton
Informal rulemaking:
- Logical outgrowth requires that rule must be addressed in notice
- Raising a general question is insufficient for “fair notice”
- Mention of the “particular issue” is necessary
Chamber of Commerce v. SEC
Informal rulemaking:
- Information upon which the agency relies must be revealed for public evaluation
- Includes “technical studies and data”
- Info. “critical” to final rule, received during comment period, must be disclosed
MCI v. FCC
Informal rulemaking:
- Held a rule only “foreshadowed” in notice by “obscure, misplaced footnote” invalid
Int’l Union, United Mine Workers v. Mine Safety and Health Admin
Informal rulemaking:
- Logical outgrowth applies because agency made clear it was contemplating a particular change