List of United States administrative law cases

Legality of Statutory Schemes

Appropriate Deference to Agency

  • Skidmore v. Swift & Co. (1944) - deference to agency "rules" and interpretations not intended by Congress to carry the "force of law."
  • Universal Camera Corp. v. NLRB (1951) - Court must consider ALJ's contrary ruling when reviewing agency ruling.
  • Richardson v. Perales (1971) - agency may rely on hearsay evidence over non-hearsay evidence and still meet the "substantial evidence" requirement for proving a fact.
  • Citizens to Preserve Overton Park v. Volpe (1971) - Important case applying the "arbitrary and capricious" review to rule-making.
  • Motor Vehicles Manufacturers Association v. State Farm (1983) - "arbitrary and capricious" to change rule without considering other options for the change.
  • Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984) - What level of deference should an agency's interpretation of its own statute receive in areas where such interpretations were intended by Congress to have the "force of law"?
  • Block v. Community Nutrition Institute (1984) - presumption of court reviewability overcome when statutory scheme indicates no congressional intent to create a private right.[1]
  • Bowen v. Michigan Academy of Family Physicians (1986) - Statutory presumption of reviewability not overcome.[2]
  • Webster v. Doe (1988) - may not review agency action where "no law to apply."
  • Martin v. Occupational Safety and Health Review Commission (1991) - When adjudication and rule-making power is split between two agencies, court should defer to rule-making agency's interpretations.
  • Auer v. Robbins (1997) - How much deference should an agency interpretation of its own regulations get?
  • United States v. Mead Corp. (2001) - What level of deference should an agency's interpretation receive when not intended to have the "force of law"? How to decide if Congress intended to have the "force of law"?
  • Norton v. S. Utah Wilderness Alliance (2004) - Under APA, court can only force the agency to act when it has failed to act when the required act is non-discretionary in nature.

Limits on Agency Power

Statutory Interpretation

The Administrative Procedure Act (APA)

Procedural Due Process

Limits on Power to Make Policy Through Adjudication

  • SEC v. Chenery Corp. (1947) - Impermissible creation of retroactive "rules" through adjudication.
  • U.S. v. Storer Broadcasting Co. (1956) - agency can make regulations particularizing statute in order to bar some claims at the threshold.
  • NLRB v. Wyman-Gordon Co. (1969) - making "rules" through adjudication.
  • NLRB v. Bell-Aerospace Co. (1974) - can make "rules" through adjudication as long as not abuse of discretion.

See also

References

  1. Block v. Community Nutrition Institute 467 U.S. 340, Findlaw.com, 1984, retrieved 2016-12-10.
  2. Bowen v. Academy of Family Physicians 476 U.S. 667, Findlaw.com, 1986, retrieved 2016-12-10.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.