Agency Deference To Statutory Construction

11 Florida cases classified under this topic · sorted by citation count · browse and sort

• The Motor & Equip. Mfrs. Ass'n, Inc. v. Env't Prot. Agency & Douglas Costle
  627 F.2d 1095· D.C. Cir.· 1979-08-03 ·cited 36×
  The Administrator has the authority under Section 209(b) of the Clean Air Act to consider waiving federal preemption for California's in-use maintenance regulations, and his decision to do so was not arbitrary, capricious, or otherwise not in accordance with law.
• Melamine Chems., Inc. v. The United States
  732 F.2d 924· Fed. Cir.· 1984-04-19 ·cited 28×
  The court held that the Department of Commerce acted reasonably and within its statutory authority in applying the preceding quarter's exchange rate to disregard dumping margins caused solely by temporary exchange rate fluctuations.
• Uniroyal, Inc. v. Marshall
  579 F.2d 1060· 7th Cir.· 1978-07-05 ·cited 8×
  The court held that Uniroyal's challenge to the Department of Labor's pre-hearing discovery rules was premature because Uniroyal failed to exhaust its administrative remedies.
• The City OF LOS Angeles v. Fed. Mar. Comm'n & United States
  385 F.2d 678· D.C. Cir.· 1967-09-15 ·cited 8×
  The court affirmed the Federal Maritime Commission's approval of an agreement between a port and a carrier, holding that deviations from standard tariff rates are not per se unlawful and that the port's cost allocation method was reasonable on the record presented.
• ST. Johns N. Util. Corp. v. Fla. Pub. Serv. Comm'n
  549 So. 2d 1066· Fla. 1st DCA· 1989-09-13 ·cited 4×
  St. Johns North Utility Corporation appeals a Florida Public Service Commission order granting Sunray Utilities an original certificate to provide water and sewer service in a 22,000-acre area where St. Johns had filed notice to extend its own service. The court affirms, holding
• Monongahela Power Co. v. Marsh
  809 F.2d 41· D.C. Cir.· 1987-01-13 ·cited 2×
  A permit is required under Section 404(a) of the Federal Water Pollution Control Act Amendments of 1972 to discharge fill material into navigable waters during the construction of a hydroelectric facility, even if the facility is licensed by the Federal Power Commission.
• First Nat'l Bancshares Corp. II v. The Bd. OF Governors OF the Fed. Reserve Sys.
  804 F.2d 54· 6th Cir.· 1986-10-28 ·cited 2×
  The Board of Governors' denial of a bank holding company application is affirmed because its findings regarding capital adequacy, insider loans, and control were supported by substantial evidence, and the court defers to the Board's interpretation of its regulations.
• Diagnostic Servs. OF S. Fla. v. State Farm Mut. Auto. Ins. Co.
  877 So. 2d 1· Fla. 3d DCA· 2004-03-31
  Diagnostic Services of South Florida challenged State Farm's denial of personal injury protection claims based on Diagnostic's alleged failure to register as a 'clinic' under Florida Statutes section 456.0375. The Third District Court of Appeal held that Diagnostic was not a clin
• Prospective Tenant Report, Inc. v. Dep't of State
  629 So. 2d 894· Fla. 2d DCA· 1993-11-17
  Prospective Tenant Report, Inc. (PTR), a credit reporting agency providing tenant background investigations, challenged the Department of State's order requiring it to obtain a private investigation license. The court held that PTR's activities are regulated exclusively under the
• ALL Am. Cables & Radio, Inc. v. Fed. Commc'ns Comm'n
  736 F.2d 752· D.C. Cir.· 1984-06-15
  The court held that the FCC's order granting Puerto Rico Telephone Company (PRTC) authority to displace All America Cables and Radio, Inc. (All America) as Puerto Rico's long-distance carrier was not arbitrary and capricious.