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
US Telephone Assoc. v. FCC
Exemption from rulemaking:
- FCC policy statement intended as “framework to cabin its discretion,” therefore a rule
- Discretion limited
- Extensive history of rule in practice made holding clear
Professionals & Patients for Customized Care v. Shalala
Exemption from rulemaking:
- FDA policy an interpretive rule because it “clarifies, rather than creates” law
Mid Continent Nail v. US
Informal rulemaking:
- Logical outgrowth cannot be applied to rulemaking never mentioned in notice
- General question does not provide “fair notice”
- Notice must address the “particular issue”
- No “good cause” to avoid notice and comment
Time Warner Cable v. FCC
Informal rulemaking:
- Notice must provide clear picture of proposed rulemaking
Prometheus Radio Project v. FCC
Informal rulemaking:
- Notices must contain “range of alternatives” with “reasonable specificity”
Louisiana Federal Land Bank Assoc. v. Farm Credit Admin.
Informal rulemaking:
- Agency must “adequately address” comments that speak to issue that affects outcome
- Must reply to all relevant questions
Rybacheck v. US EPA
Informal rulemaking:
- Agency can respond to comments with materials not in NPR
American Mining Congress v. Mine Safety & Health Admin.
Exemptions from rulemaking:
- Court refers to AG Manual
- Four questions to determine if rule has “legal effect”
1. Would the agency be able to exercise the power without the rule?
2. Did the agency publish the rule in the Code of Federal Regulations?
3. Did the agency invoke legislative authority?
4. Does the new rule repudiate an old rule? If so, must be an amendment. - FDA policy did not invoke legal policy or repudiate old rule; simply clarified
Syncor v. Shalala
Exemptions from rulemaking:
- This FDA notice is substantive rule b/c it modified/added to legal norm
- Fundamentally new regulation
US v. Dean
Exemptions from rulemaking:
- Good cause exemption
- Two possible good causes for this case:
1. Issue guidance (dismissed by court)
2. Emergency - prevent harm (court accepts) - Dissent focused on lack of emergency
Pacific Gas & Electric v. FPC
Exemptions from rulemaking:
- Legislative rule “establishes a standard of conduct which has the force of law”
- Policy statement “general statement of policy… does not establish a binding norm” but announces what agency seeks to establish
Tennessee Gas & Pipeline v. FERC
Exemptions from rulemaking:
- Agency must supply evidence beyond asserted expertise to invoke “public interest escape clause”
US v. Reynolds
Exemptions from rulemaking:
- Raised but not answered if court should defer to agency reasoning on good cause claims
Sorenson Communications v. FCC
Exemptions from rulemaking:
- No deference to agency reasoning on good cause claims
