Notice And Comment Rulemaking

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

• Chocolate Mfrs. Ass'n OF the United States v. Block
  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.
• Federal/Postal/Retiree Coal. v. Devine
  751 F.2d 1424· D.C. Cir.· 1985-01-15 ·cited 6×
  The court held that the Office of Personnel Management (OPM) has the authority to publish policy guidance on labor-management relations, as its authority under Executive Order 11,491 was not superseded by specific provisions of the Civil Service Reform Act of 1978 (CSRA).
• Nat'l Cable Television Ass'n, Inc. v. Fed. Commc'ns Comm'n & United States
  747 F.2d 1503· D.C. Cir.· 1984-11-09 ·cited 6×
  The court held that the FCC's rule lessening the burden for telephone companies to provide cable service in rural areas was consistent with its statutory mandate and the Administrative Procedure Act, but the FCC must still consider arguments regarding present intentions of indepe
• Story v. Marsh
  732 F.2d 1375· 8th Cir.· 1984-04-13 ·cited 6×
  The court held that the Army Corps of Engineers' decision to artificially crevasse the frontline levee is an action committed to agency discretion and therefore unreviewable, and that the district court erred in granting an injunction and in its rulings on condemnation cases.
• Williams v. Pierce
  708 F.2d 57· 2d Cir.· 1983-05-12 ·cited 6×
  The court held that HUD's failure to provide the required public comment period before issuing its rent increase regulations violated its own rules, which have the force of law.
• Nat'l Black Media Coal. v. Fed. Commc'ns Comm'n & United States
  706 F.2d 1224· D.C. Cir.· 1983-05-10 ·cited 6×
  The court held that the FCC's decision to exempt small market television license renewal applicants from formal ascertainment survey requirements was not arbitrary or capricious, as a rational basis existed for the agency's decision.
• The Pac. Tel. & Tel. Co. v. MCI Telecomms. Corp.
  649 F.2d 1315· 9th Cir.· 1981-06-17 ·cited 6×
  The court held that the summary judgment for PT&T must be vacated because the FCC's reconsideration of AT&T's actions is critical, and affirmed the dismissal of MCI's third-party complaint against AT&T for indemnification.
• Nat'l Pork Producers Council v. Bergland
  631 F.2d 1353· 8th Cir.· 1980-09-23 ·cited 6×
  The court held that the USDA's regulations permitting nitrate and nitrite-free meat products to be sold under traditional names, with specific labeling, were a proper exercise of authority and not arbitrary, capricious, or unlawful.
• People OF the State OF Ill. v. United States Env't Prot. Agency
  621 F.2d 259· 7th Cir.· 1980-05-09 ·cited 6×
  The court held that the Notice of Deficiency was not a reviewable final agency action and dismissed the appeal as presenting no genuine case or controversy.
• Am. Mining Cong. & Nat'l Indus. Sand Ass'n v. Mine Safety & Health Admin. & U.S. Dep't of Labor
  995 F.2d 1106· D.C. Cir.· 1993-06-15 ·cited 5×
  Mine Safety and Health Administration Program Policy Letters (PPLs) defining certain x-ray readings as diagnoses of lung disease for reporting purposes are interpretive rules under the Administrative Procedure Act, not legislative rules requiring notice-and-comment rulemaking.
• Sentara-Hampton Gen. Hosp. v. Louis V. Sullivan, M.D.
  980 F.2d 749· D.C. Cir.· 1992-12-11 ·cited 5×
  The court held that the revised PRM § 226, requiring funds to be contractually committed before borrowing is considered necessary for Medicare reimbursement, is an interpretive rule not requiring notice and comment, and the Administrator's decision disallowing reimbursement was n
• Schurz Commc'ns v. Fed. Commc'ns COMaMISSION & United States
  982 F.2d 1043· 7th Cir.· 1992-11-05 ·cited 5×
  The court held that the FCC's revised financial interest and syndication rules were not adequately justified and remanded the case for further proceedings.
• Corrosion Proof Fittings v. The Env't Prot. Agency & William K. Reilly
  947 F.2d 1201· 5th Cir.· 1991-10-18 ·cited 5×
  The court held that the EPA failed to muster substantial evidence for its asbestos ban rule due to procedural defects and insufficient consideration of less burdensome alternatives, requiring remand.
• Samaritan Health Serv. v. Bowen
  811 F.2d 1524· D.C. Cir.· 1987-02-06 ·cited 5×
  The court held that the Secretary's exclusion of costs for sick newborn units as 'nursery' costs was arbitrary and capricious, and that the Provider Reimbursement Manual's restriction of standby fees to 'unmet guarantees' was an unreasonable interpretation of the Medicare Act.
• Guernsey Mem'l Hosp. v. Sec'y OF Health & Human Servs.
  996 F.2d 830· 6th Cir.· 1993-06-18 ·cited 4×
  The court held that the Department of Health and Human Services' Provider Reimbursement Manual provision requiring amortization of advance refunding costs is a substantive rule that is void for failure to comply with the Administrative Procedure Act's notice and comment requireme
• Ala. Tissue Ctr. OF THE Univ. OF Ala. Health Serv. Found., P.C. v. Sullivan
  975 F.2d 373· 7th Cir.· 1992-09-16 ·cited 4×
  The court held that it lacked jurisdiction to review the FDA's Notice of Applicability (NAFR) because it was an interpretive rule, not a regulation subject to direct appellate review under the FDC Act.
• HER Majesty THE Queen IN Right OF Ontario v. United States Env't Prot. Agency
  912 F.2d 1525· D.C. Cir.· 1990-08-31 ·cited 4×
  The court held that the EPA's interpretation of Section 115 of the Clean Air Act as a unitary proceeding requiring source identification before making endangerment findings is permissible, and that the Clay letters did not constitute final agency action denying the rulemaking pet
• Am. Ambulance Serv. of Pa. v. Sullivan
  911 F.2d 901· 3d Cir.· 1990-08-14 ·cited 4×
  The court held that AASI's challenges to the Medicare Carrier Manual provisions and HCFA Regional Letter constituted a challenge to the method of claim determination, not merely the application of those methods to specific cases, thus conferring subject matter jurisdiction.
• Sheppard v. Louis W. Sullivan, M.D.
  906 F.2d 756· D.C. Cir.· 1990-06-26 ·cited 4×
  The court held that the Social Security Administration (SSA) had the authority to reopen an administrative law judge's decision on its own motion, that the recalculation and offset of retroactive benefits were permissible, and that the SSA's calculation method did not require not
• Secretary of Labor v. W. Fuels-Utah, Inc.
  900 F.2d 318· D.C. Cir.· 1990-04-06 ·cited 4×
  The court held that the "supervisory personnel" exception to task training requirements applies only when supervisors are performing supervisory duties, not when they are performing the tasks of a miner.
• Chem. Mfrs. Ass'n v. U.S. Env't Prot. Agency
  885 F.2d 253· 5th Cir.· 1989-10-10 ·cited 4×
  The court clarified that its prior opinion did not preclude petitioners from seeking FDF variances and granted rehearing on two regulatory aspects, remanding them to the EPA. The court also addressed specific arguments regarding notice, subcategorization, weighted averaging, dilu
• United States v. Concepcion Picciotto
  875 F.2d 345· D.C. Cir.· 1989-05-23 ·cited 4×
  A government agency cannot exempt itself from the Administrative Procedure Act's notice and comment rulemaking requirements by creating its own exceptions or by mischaracterizing a substantive rule as interpretive.
• Jerri's Ceramic Arts, Inc. v. Consumer Prod. Safety Comm'n
  874 F.2d 205· 4th Cir.· 1989-05-09 ·cited 4×
  The court held that the Consumer Product Safety Commission's "Statement of Interpretation" was a substantive rule, not an interpretation, because it changed existing policy and created new duties, requiring notice and comment procedures.
• ANR Pipeline Co. v. Fed. Energy Regulatory Comm'n
  870 F.2d 717· D.C. Cir.· 1989-03-24 ·cited 4×
  The court held that the Federal Energy Regulatory Commission (FERC) is not required to reopen final well category determinations based on later-acquired information, as long as the original determination was based on the best available information at the time.
• State OF Alaska v. U.S. Dep't OF Transp. & Samuel K. Skinner
  868 F.2d 441· D.C. Cir.· 1989-02-28 ·cited 4×
  The court held that the Department of Transportation unlawfully failed to follow notice-and-comment procedures required by the Administrative Procedure Act when issuing its 1988 Orders, and that the states have standing to challenge these orders.
• Higgins v. Sec. & Exch. Comm'n
  866 F.2d 47· 2d Cir.· 1989-01-20 ·cited 4×
  The court held that the SEC's decision approving the NYSE rule banning portable phones on the trading floor was supported by substantial evidence, not arbitrary or capricious, and did not violate petitioner's due process rights.
• Natural Res. Def. Council, Inc. v. Thomas
  845 F.2d 1088· D.C. Cir.· 1988-05-03 ·cited 4×
  The court held that while the Emison memorandum constituted final agency action, prudential reasons dictated dismissing the challenge and advising the petitioner to seek rulemaking from the EPA.
• Am. Trading Transp. Co., Inc. v. United States
  841 F.2d 421· D.C. Cir.· 1988-03-15 ·cited 4×
  The court held that the Maritime Administration's (Marad) decision to grant a waiver for a subsidized vessel to enter domestic trade lacked the required reasoned explanation, failing to meet the standards set in Independent United States Tanker Owners Comm. v. Lewis (ITOC).
• Eufemia LaMADRID v. Hegstrom
  830 F.2d 1524· 9th Cir.· 1987-10-26 ·cited 4×
  The court held that personal injury awards, life insurance proceeds, and other compensatory awards can be treated as income under the AFDC lump sum rule, consistent with federal law and regulations, and that the 1986 amendment to 45 C.F.R. § 233.20(a)(3)(ii)(F) was validly promul
• Am. Trading Transp. Co., Inc. v. United States
  791 F.2d 942· D.C. Cir.· 1986-05-23 ·cited 4×
  The court held that the Maritime Administration (MarAd) did not err in permitting temporary transfers of subsidized oil tankers into the Alaskan oil trade, as the agency adequately considered the arguments of domestic carriers.
• Kennecott v. United States Env't Prot. Agency
  780 F.2d 445· 4th Cir.· 1985-12-26 ·cited 4×
  The court held that the EPA properly discharged its duty in setting effluent limitations for the non-ferrous metals industry, finding the agency's technical judgments supported by the record and its procedures compliant with the APA.
• Westcott v. United States Dep't OF Agric.
  765 F.2d 121· 8th Cir.· 1985-06-19 ·cited 4×
  The court held that amendments to the ASCS handbook were interpretative rules exempt from notice-and-comment requirements.
• Nat'l Small Shipments Traffic Conf., Inc. v. Interstate Commerce Comm'n & United States
  725 F.2d 1442· D.C. Cir.· 1984-01-24 ·cited 4×
  The court held that the Interstate Commerce Commission's (ICC) new regulations allowing motor carriers to allocate higher platform handling costs to smaller shipments were valid, affirming the ICC's decision.
• Petrolite Corp. v. Fed. Energy Regulatory Comm'n
  667 F.2d 664· 8th Cir.· 1981-12-15 ·cited 4×
  The court affirmed FERC's orders denying retroactive application of the agricultural exemption for food-grade waxes and hardboard, finding the Commission's interpretations and rulemaking within its statutory authority and rational.
• Burroughs Wellcome Co. v. Schweiker
  649 F.2d 221· 4th Cir.· 1981-05-11 ·cited 4×
  The court held that the FDA's memorandum concerning approval of generic drug applications based on scientific literature is a general statement of policy, not a rule, and thus not subject to notice and comment rulemaking requirements.
• Hewitt v. Commissioner of IRS
  21 F.4th 1336· 11th Cir.· 2021-12-29 ·cited 3×
  David and Tammy Hewitt challenged the Tax Court's disallowance of their charitable contribution deduction for donating a conservation easement, arguing that the Treasury regulation governing extinguishment proceeds was procedurally invalid under the Administrative Procedure Act b
• Flagstaff Med. Ctr., Inc. v. Sullivan
  962 F.2d 879· 9th Cir.· 1992-04-20 ·cited 3×
  The court held that the majority misread the relevant statutes and regulations by granting 'retrospective' remedies to class plaintiffs, imposing an excessive penalty on the hospital.
• Carson v. Monsanto Co.
  51 F.4th 1358· 11th Cir.· 2022-10-28 ·cited 2×
  The Eleventh Circuit held that a state law failure-to-warn claim is not preempted by FIFRA if the EPA's actions lack the force of law and the state law requirement is not different from or in addition to FIFRA's statutory labeling requirements.
• Fla. Bd. of Bar Exam'rs re Question as to Whether Undocumented Immigrants Are Eligible for Admission to the Fla. Bar
  134 So. 3d 432· Fla.· 2014-03-06 ·cited 2×
  The Florida Supreme Court answered an advisory opinion request from the Florida Board of Bar Examiners, holding that unauthorized immigrants are ineligible for admission to The Florida Bar. The court concluded that federal immigration law, specifically 8 U.S.C. § 1621, prohibits
• Santiago-Lebron v. Fla. Parole Comm'n
  767 F. Supp. 2d 1340· S.D. Fla.· 2011-02-23 ·cited 2×
  The court affirmed the magistrate judge's report, denying the habeas corpus petition because the Bureau of Prisons' cancellation of the Spanish RDAP program did not violate the petitioner's constitutional rights.
• Ocean Conservancy v. Evans
  260 F. Supp. 2d 1162· M.D. Fla.· 2003-03-31 ·cited 2×
  The court found that the plaintiffs' claims were largely a challenge to a prior settlement agreement and that the agency's actions were subject to the arbitrary and capricious standard of review.
• McELROY Elecs. Corp. v. Fed. Commc'ns Comm'n
  990 F.2d 1351· D.C. Cir.· 1993-04-23 ·cited 2×
  The court held that the FCC's Second Report and Order did not provide clear notice that applications for unserved areas could not be filed after the five-year expansion period expired but before the FCC announced specific filing dates and procedures.
• Hanover Potato Prods., Inc. v. Shalala
  989 F.2d 123· 3d Cir.· 1993-03-19 ·cited 2×
  The court held that the government's position was not substantially justified because it failed to make the administrative record available, causing unnecessary litigation and prejudice, thus entitling the prevailing party to attorney's fees under the EAJA.
• Int'l Fabricare Inst. for itself v. U.S. Env't Prot. Agency
  972 F.2d 384· D.C. Cir.· 1992-08-21 ·cited 2×
  The court held that the EPA adequately complied with notice and comment requirements and provided reasoned explanations for its regulations under the Safe Drinking Water Act, denying all challenges.
• Solite Corp. v. U.S. Env't Prot. Agency
  952 F.2d 473· D.C. Cir.· 1991-12-31 ·cited 2×
  The court held that the EPA's high volume criteria for Bevill Amendment exclusion are permissible and APA compliant, but remanded issues regarding lightweight aggregate residuals and Du Pont's chloride-ilmenite process wastes for further reasoning or notice.
• Williams Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  943 F.2d 1320· D.C. Cir.· 1991-09-06 ·cited 2×
  The court held that the Federal Energy Regulatory Commission (FERC) failed to provide a reasoned explanation for its decision to retain an above-market incentive price for high-cost natural gas, particularly for post-NOPR wells, and for denying refunds for past overpayments.
• Hercules Inc. v. United States Env't Prot. Agency
  938 F.2d 276· D.C. Cir.· 1991-07-12 ·cited 2×
  The court held that the EPA's interpretation of CERCLA section 120(h) to apply notice requirements only to contamination occurring during federal ownership contradicts the statute's plain language, which extends to all owned property regardless of when contamination occurred.
• State OF Ind. by the Ind. Dep't OF Pub. Welf. v. Louis W. Sullivan, M.D.
  934 F.2d 853· 7th Cir.· 1991-06-04 ·cited 2×
  The court held that the Secretary's 'patient-in-the-home' requirement for Medicaid certification is valid because it is implicit in existing federal regulations, not an improperly promulgated substantive rule.
• Aeronautical Radio, Inc. v. Fed. Commc'ns Comm'n & United States
  928 F.2d 428· D.C. Cir.· 1991-03-19 ·cited 2×
  The court held that the FCC's dismissal of ARINC's application was proper, but its $5 million cash requirement and consortium licensing for MSS were arbitrary and capricious.
• Caribbean Produce Exch., Inc. v. Sec'y OF Health & Human Servs.
  893 F.2d 3· 1st Cir.· 1989-12-28 ·cited 2×
  The court held that the district court erred by consolidating a preliminary injunction hearing with a trial on the merits without providing clear notice to the parties, thus rendering the permanent injunction premature.