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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Term
| 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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