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889 F.2d 682·
6th Cir.·
1989-08-28
·cited 2×
The court held that the Secretary's failure to publish the Bellmon review guidelines does not mandate reversal, and the Smith letter was a non-binding policy statement.
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882 F.2d 67·
3d Cir.·
1989-08-14
·cited 2×
The court held that the Department of Labor regulation requiring 'not less than 1 year' of employment for responsible operator status means 365 days, not merely employment in twelve calendar months, as the latter interpretation was not properly promulgated as a regulation.
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860 F.2d 951·
9th Cir.·
1988-11-04
·cited 2×
The court held that the Secretary's policy of delaying TEFRA bonus payments until the final settlement stage of the Medicare reimbursement process is procedurally invalid because it constitutes a substantive rule that was not promulgated through the Administrative Procedure Act's
-
849 F.2d 1227·
9th Cir.·
1988-06-20
·cited 2×
The court held that the Secretary lacked good cause to disallow field trip expenditures and that the disallowance of multi-purpose conference expenses was proper, while remanding for further determination on lodging expenses.
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841 F.2d 1006·
9th Cir.·
1988-03-16
·cited 2×
The court held that the plain language of the regulation requires employers to include overtime pay in medical removal protection benefits, as it is intended to prevent any economic loss to removed employees.
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814 F.2d 1·
1st Cir.·
1987-03-11
·cited 2×
The court held that the primary claim regarding the unconstitutional legislative veto was moot due to subsequent amendments and continuation of the emergency under a valid statute, and the subsidiary claim regarding automatic termination due to congressional inaction lacked merit
-
652 F. Supp. 812·
S.D. Fla.·
1986-09-16
·cited 2×
The court held that a defendant's motion to dismiss based on mootness should be denied when the regulation being challenged has already been invalidated, and that a plaintiff's claim should be dismissed for lack of subject matter jurisdiction when they fail to meet statutory prer
-
793 F.2d 181·
8th Cir.·
1986-06-05
·cited 2×
The court held that while the agency's decision was reviewable, the cities were ineligible for federal hydroelectric power because they were already receiving benefits indirectly, and there was no evidence of discriminatory treatment.
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787 F.2d 667·
D.C. Cir.·
1986-04-11
·cited 2×
The court held that existing competitors in the coastwise trade are not entitled to participate in appraisal proceedings under the Wrecked Vessels Statute, and the Coast Guard's decision to enroll the vessel was sufficiently reasoned and supported by the record.
-
784 F.2d 224·
6th Cir.·
1986-02-26
·cited 2×
-
775 F.2d 1141·
7th Cir.·
1985-11-04
·cited 2×
The court held that the EPA's denial of Illinois' request to redesignate Kane and Du Page Counties from nonattainment to attainment status for ozone was arbitrary and capricious because EPA failed to provide a reasoned explanation for its decision, which appeared inconsistent wit
-
758 F.2d 503·
10th Cir.·
1985-03-26
·cited 2×
The court held that the Secretary of Health and Human Services has a duty to promulgate regulations regarding the payment of travel expenses for administrative hearings, and that this duty has not been implicitly repealed by subsequent appropriations measures.
-
757 F.2d 296·
D.C. Cir.·
1985-03-19
·cited 2×
The court held that the Interstate Commerce Commission's decision to eliminate certain railroad reporting schedules was procedurally flawed because it relied on a prior policy statement that was not properly promulgated as a rule or binding adjudication, and the notice of rulemak
-
708 F.2d 297·
7th Cir.·
1983-05-25
·cited 2×
An agency's statement that it lacks statutory jurisdiction to enforce its regulation against another agency is an interpretive rule, not a legislative rule requiring notice and comment procedures.
-
661 F.2d 244·
D.C. Cir.·
1981-08-24
·cited 2×
The court held that the Civil Aeronautics Board (CAB) acted within its authority in approving 'group contractor fares' and that its decision was reached in accordance with the Administrative Procedure Act.
-
563 F.2d 1052·
1st Cir.·
1977-09-23
·cited 2×
The court held that the Secretary of Commerce's explanation for setting the 1977 herring quota, as supplemented by affidavits, provided a reasoned and legally adequate basis for her determination, and thus affirmed the district court's dismissal.
-
827 F. Supp. 2d 1352·
S.D. Fla.·
2011-11-04
·cited 1×
The court held that the USCIS's policy of not assigning a rollback date to non-Cuban spouses that predates their qualifying marriage is a permissible interpretation of the Cuban Adjustment Act and not arbitrary or capricious.
-
2d Cir.·
2009-06-29
·cited 1×
The Court holds that the National Bank Act's prohibition on 'visitorial powers' is limited to administrative oversight and does not pre-empt state attorneys general from suing to enforce state law against national banks.
-
965 F.2d 759·
9th Cir.·
1992-05-27
·cited 1×
The court held that the Environmental Protection Agency's storm water discharge rule, which requires permits for "inactive mining operations," is consistent with the Clean Water Act and is a reasonable interpretation of the statute. The court also found the rule was not unlawfull
-
11th Cir.·
2025-12-05
The Eleventh Circuit held that the CMS Bulletin was a final agency action subject to judicial review, but that Florida was unlikely to succeed on the merits of its challenge, thus affirming the denial of a preliminary injunction.
-
M.D. Fla.·
2025-02-04
The court held that the No Surprises Act does not permit Certified IDR Entities (CIDREs) to issue payment determinations in disputes involving non-covered services, and the plaintiff failed to state a claim under the Administrative Procedure Act.
-
104 F.4th 220·
11th Cir.·
2024-06-04
The Eleventh Circuit held that the IRS violated the Administrative Procedure Act by issuing Notice 2017-10 without public notice and comment, as Congress did not expressly exempt this procedure.
-
M.D. Fla.·
2024-05-31
The court held that it lacked subject-matter jurisdiction due to a statutory review scheme, precluding district court review of Florida's claims regarding CMS FAQs.
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N.D. Fla.·
2021-11-20
The court held that the State of Florida failed to demonstrate a substantial likelihood of irreparable injury, a prerequisite for injunctive relief, as the alleged harms were speculative or economic.
-
M.D. Fla.·
2021-08-24
The court held that sovereign immunity bars claims seeking injunctive relief against the Department of Education and that Plaintiff failed to state a valid claim under the APA for modification of the OCR Case Processing Manual or for inadequate investigation.
-
Del. Super. Ct.·
2015-06-08
The Superior Court affirmed the Delaware Board of Medical Licensure and Discipline's decision to discipline Dr. Schaller for unprofessional conduct. The Court held that Dr. Schaller's Florida conviction for Aggravated Assault with a Deadly Weapon Without an Intent to Kill was sub
-
746 F. Supp. 2d 1272·
S.D. Fla.·
2010-09-29
The court held that the Corps' 'Stockton Rules' were final agency action subject to judicial review under the APA and that they constituted legislative rules requiring notice-and-comment procedures.
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510 F. Supp. 2d 868·
M.D. Fla.·
2007-04-26
The court held that the USDA's emergency interim rule was promulgated in violation of the Administrative Procedure Act's notice and comment requirements, but exercised equitable discretion to keep the rule in place pending new rulemaking.
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986 F. Supp. 1386·
S.D. Fla.·
1997-12-09
The court held that the FWS's denial of MRI's permit application was not arbitrary or capricious, and that the FWS acted within its authority in regulating commercial use of refuge lands. The court also found that the FWS's actions regarding Pontin's notice of violation were not
-
997 F.2d 1168·
6th Cir.·
1993-07-08
The court held that while the FAA's initial failure to prepare an Environmental Assessment for the 1989 air traffic changes might have been erroneous, subsequent comprehensive environmental studies and decisions rendered the petitions moot, and the FAA's actions did not violate t
-
993 F.2d 235·
Temp. Emer. Ct. App.·
1993-04-29
The court held that the Department of Energy's 'layering rule' was procedurally valid and that its interpretation of the rule was reasonable and supported by substantial evidence, affirming the agency's Remedial Order.
-
989 F.2d 54·
1st Cir.·
1993-03-30
The court held that the consent decree was validly entered because the appellants failed to show a demonstrable injury, the decree was within the scope of the original complaint and the court's jurisdiction, and the Secretary acted within her statutory discretion.
-
987 F.2d 1078·
4th Cir.·
1993-02-26
The court held that the agency's action in seizing and seeking forfeiture of the fishing vessel was arbitrary and capricious because the sampling procedure used was not adapted to the new technology of freezer vessels and ignored the impact of freezing and thawing on scallop meat
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985 F.2d 1075·
D.C. Cir.·
1993-02-19
The court held that the FCC's 'flash cut' rule was supported by sufficient data on remand and that applying the rule during the remand period was not impermissible retroactive rulemaking.
-
984 F.2d 1209·
D.C. Cir.·
1993-02-09
The court held that the FCC's decisions regarding the scope of its enforcement action and its entry into a Consent Decree are committed to the agency's nonreviewable discretion and did not violate the APA or its ex parte rules.
-
980 F.2d 765·
D.C. Cir.·
1992-12-11
The court held that the EPA regulation allowing discretion to refuse to initiate withdrawal proceedings after determining a state no longer meets drinking water standards is contrary to the plain language of the Safe Drinking Water Act.
-
972 F.2d 331·
Fed. Cir.·
1992-08-07
The Court of Appeals for Veterans Claims correctly set aside the Secretary's rescission of a VA manual provision because the rescission violated the Administrative Procedure Act and the Secretary's own regulations regarding notice and comment for substantive rule changes.
-
978 F.2d 236·
6th Cir.·
1992-06-26
The court held that an Inherently Reasonable Allowance (IRA) determination under Medicare Part B is a reimbursement decision, not a regulation, and is therefore subject to review under the substantial evidence standard. The court affirmed the district court's grant of summary jud
-
938 F.2d 1386·
D.C. Cir.·
1991-07-16
The court held that the EPA's regulations requiring post-closure permits for hazardous waste disposal facilities and establishing groundwater monitoring standards were within the agency's statutory authority and not arbitrary or capricious.
-
936 F.2d 1284·
D.C. Cir.·
1991-06-18
The court held that the Health Care Financing Administration adequately determined that its new nursing home regulations were at least as stringent as the prior ones, and that regulations merely restating statutory requirements did not need to undergo notice-and-comment procedure
-
923 F.2d 182·
D.C. Cir.·
1991-01-11
The Department of Labor adequately explained its change in regulatory policy for computing the adverse effect wage rate (AEWR), and the new policy is within statutory authorization.
-
855 F.2d 78·
3d Cir.·
1988-08-15
The court affirmed the ICC's order, holding that its revised standards for railroad revenue adequacy were permissible interpretations of the relevant statutes and not arbitrary or capricious.
-
849 F.2d 649·
D.C. Cir.·
1988-06-14
The court held that the Sorrentino letter was an interpretative rule, not requiring notice-and-comment procedures, and affirmed the district court's judgment on that issue.
-
832 F.2d 189·
D.C. Cir.·
1987-11-03
The court held that the FCC's implicit denial of Columbia's waiver request when it rejected the satellite application was not improper, as the request lacked specificity.
-
813 F.2d 1006·
9th Cir.·
1987-03-30
The court reversed and remanded the case based on controlling precedent.
-
643 F. Supp. 983·
S.D. Fla.·
1986-09-12
The court held that the plaintiff organization lacked standing to challenge the Attorney General's application of the Cuban Adjustment Act and that the Act does not require Cuban nationals' status adjustments to be charged against numerical immigration quotas.
-
800 F.2d 269·
1st Cir.·
1986-09-04
The court's holding is not explicitly stated as the opinion is a concurrence. However, it implies agreement with a prior decision that likely reversed or remanded the case.
-
689 F.2d 217·
D.C. Cir.·
1982-09-17
The court held that EPA's Program Requirements Memorandum 79-7, which established a rigorous review policy for advanced waste treatment projects, was valid and did not violate the Clean Water Act or procedural requirements.
-
673 F.2d 486·
D.C. Cir.·
1982-03-09
The majority holds that the issuance of a maximum hiring age policy did not require notice and comment rulemaking under the APA because it falls under the 'matter relating to agency management or personnel' exemption.
-
671 F.2d 518·
D.C. Cir.·
1981-11-30
The court should order the government to implement regulations or provide notice and comment for changes.