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705 F.2d 506·
D.C. Cir.·
1983-04-22
·cited 116×
The court held that the EPA had the statutory authority to set a uniform lead content standard for all refiners, but vacated the interim 1.90 gplg standard and the 'past ownership requirement' due to lack of adequate notice.
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828 F.2d 314·
5th Cir.·
1987-10-02
·cited 18×
The court held that the Secretary of Labor's broadened interpretation of 'earnings' under the MRP provisions of the lead standard was void for failure to provide adequate notice and engage in required notice-and-comment rulemaking procedures.
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599 F.2d 622·
5th Cir.·
1979-07-16
·cited 16×
The court held that OSHA exceeded its statutory authority by promulgating a medical examination standard that impermissibly restricted employers' ability to determine employee medical fitness. However, the employee access to records provision was properly promulgated.
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935 F.2d 1303·
D.C. Cir.·
1991-06-11
·cited 15×
The court held that the EPA's interpretation of 'release' under CERCLA was contrary to the statute's plain meaning and vacated that portion of the rule. The court also found that the EPA failed to provide adequate notice and comment for administrative exemptions but allowed them
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858 F.2d 747·
D.C. Cir.·
1988-09-27
·cited 15×
The court held that the Environmental Protection Agency (EPA) acted reasonably and in accordance with law when it included three landfill sites on the National Priorities List (NPL).
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950 F.2d 741·
D.C. Cir.·
1991-12-06
·cited 13×
The court held that the EPA failed to provide adequate notice and opportunity for comment when promulgating the mixture and derived-from rules, and the leachate monitoring requirement, as they were not logical outgrowths of the proposed regulations.
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846 F.2d 1449·
D.C. Cir.·
1988-05-13
·cited 12×
The modification of HHS's proposed regulations to make self-evaluations discretionary, rather than mandatory, required notice and comment under the APA.
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849 F.2d 611·
D.C. Cir.·
1988-06-07
·cited 10×
The court held that the Edison Electric Institute failed to demonstrate that OSHA's revised electrical standards altered the scope of the utility exclusion from coverage, and that OSHA's acknowledgment of a ministerial error regarding laboratory testing requirements was sufficien
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819 F.2d 537·
5th Cir.·
1987-06-18
·cited 8×
The court held that SWPA provided adequate notice for its power allocation rulemaking and that the sale of power to TUEC as a scheduling agent for preference customers did not violate the Flood Control Act's preference clause.
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755 F.2d 1098·
4th Cir.·
1985-02-27
·cited 6×
The court held that the Department of Agriculture's notice of proposed rulemaking for the WIC Program did not provide adequate notice that flavored milk would be considered for elimination, thus violating the Administrative Procedure Act.
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969 F.2d 1147·
D.C. Cir.·
1992-07-14
·cited 5×
The court held that the EPA adequately supported its decision to abandon the waste separation provision but failed to adequately explain why a ban on lead-acid vehicle battery combustion was not the best demonstrated technology.
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822 F.2d 277·
2d Cir.·
1987-06-24
·cited 4×
The court held that the FCC's orders granting a preference to daytimer radio stations in comparative proceedings for FM licenses were not an abuse of discretion and were adequately supported by reasoned explanations.
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887 F.2d 760·
7th Cir.·
1989-10-12
·cited 2×
The court held that the IRS allocation regulations were a logical outgrowth of the proposed rules and thus valid under the APA, and that the regulations were not unreasonable or plainly inconsistent with the tax code.
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906 F.2d 713·
D.C. Cir.·
1990-06-22
The court held that the FCC provided adequate notice and justification for its order revising telephone cost separations procedures, and the order was not arbitrary or capricious.