Legality of Statutory Schemes

* ''

Immigration and Naturalization Service v. Chadha ''Immigration and Naturalization Service v. Chadha'', 462 U.S. 919 (1983), was a United States Supreme Court case ruling in 1983 that the one-house legislative veto violated the constitutional separation of powers. Background Section 244(a)(1) ...

'' (1983) - Congress may not reserve a "legislative veto" over delegated authority. * ''

Commodity Futures Trading Commission v. Schor ''Commodity Futures Trading Commission v. Schor'', 478 U.S. 833 (1986), was a case in which the Supreme Court of the United States held an administrative agency may, in some cases, exert jurisdiction over state-law counterclaims. Background The ...

'' (1986) - Delegation of judicial power to an agency. * ''

Morrison v. Olson ''Morrison v. Olson'', 487 U.S. 654 (1988), was a Supreme Court of the United States decision that determined the Independent Counsel Act was constitutional. ''Morrison'' also set important precedent determining the scope of Congress's ability ...

'' (1988) - Congressional control over executive branch limitations. * ''

Gade v. National Solid Wastes Management Association ''Gade v. National Solid Wastes Management Association'', 505 U.S. 88 (1992), is a United States labor law case of the United States Supreme Court. The Court determined that federal Occupational Safety and Health Administration regulations preemp ...

'' (1992) - Ways in which Federal law preempts state law. * '' Printz v. United States'' (1997) - Federal Government may not "commandeer" state executive or administrative officials. * ''

Whitman v. American Trucking Associations, Inc. ''Whitman v. American Trucking Associations, Inc.'', 531 U.S. 457 (2001), was a case decided by the United States Supreme Court in which the Environmental Protection Agency's National Ambient Air Quality Standard (NAAQS) for regulating ozone and ...

'' (2001) - delegation of legislative-like authority must be governed by an "intelligible principle."

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 ''Richardson v. Perales'', 402 U.S. 389 (1971), was a case heard by the United States Supreme Court to determine and delineate several questions concerning administrative procedure in Social Security disability cases. Among the questions consider ...

'' (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 ''Citizens to Preserve Overton Park v. Volpe'', 401 U.S. 402 (1971), is a landmark decision by the Supreme Court of the United States that established the basic legal framework for judicial review of the actions of administrative agencies. It subs ...

'' (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. ''Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.'', 467 U.S. 837 (1984), was a landmark case in which the Supreme Court of the United States, United States Supreme Court set forth the legal test for determining whether to grant Jud ...

'' (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. * '' Bowen v. Michigan Academy of Family Physicians'' (1986) - Statutory presumption of reviewability not overcome.. * ''

Webster v. Doe ''Webster v. Doe'', 486 U.S. 592 (1988), is a case decided by the United States Supreme Court that presented statutory and constitutional claims by a former CIA employee who alleged that his termination was the result of discrimination based on se ...

'' (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 ''Auer v. Robbins'', 519 U.S. 452 (1997), is a United States Supreme Court case that concerns the standard that the Court should apply when it reviews an executive department's interpretation of regulations established under federal legislation. ...

'' (1997) - How much deference should an agency interpretation of its own regulations get? * ''

United States v. Mead Corp. ''United States v. Mead Corp.'', 533 U.S. 218 (2001), is a case decided by the Supreme Court of the United States, United States Supreme Court that addressed the issue of when Chevron deference should be applied. In an 8–1 majority decision, the ...

'' (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 * '' FDA v. Brown & Williamson Tobacco Corp.'' (2000) - Existence and scope of authority to rule-make (applying Chevron). *''

Bowen v. Georgetown University Hospital ''Bowen v. Georgetown University Hospital'', 488 U.S. 204 (1988), was a case in which the United States Supreme Court held that agencies should not be presumed to have the power to promulgate retroactive rules unless that power is expressly a ...

'' (1988) - whether retroactive rulemaking is permitted

The Administrative Procedure Act (APA)

* '' United States v. Florida East Coast Railway Co.'' (1973) - formal rule-making requires statute that requires "hearing on the record." * '' Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.'' (1978) - courts may not impose additional procedural requirements on top of the APA in rule-making. * '' Pension Benefit Guaranty Corporation v. LTV Corporation'' (1990) - informal adjudication must meet the requirements of APA sec. 555.

Procedural Due Process

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Londoner v. City and County of Denver ''Londoner v. City and County of Denver'', 210 U.S. 373 (1908), is a case in which the United States Supreme Court held that due process rights under the U.S. Constitution attach to administrative agency hearings that involve adjudication, but not ...

'' (1908) - Due process requirements for adjudication (Cf. ''Bi-Metallic'') * ''

Bi-Metallic Investment Co. v. State Board of Equalization ''Bi-Metallic Investment Co. v. State Board of Equalization'', 239 U.S. 441 (1915), was a United States Supreme Court case which held that due process protections attach only to administrative activities in which a small number of people are con ...

'' (1915) - Due process requirements for rule-making. * ''

Goldberg v. Kelly ''Goldberg v. Kelly'', 397 U.S. 254 (1970), is a case in which the Supreme Court of the United States ruled that the Due Process Clause of the Fourteenth Amendment to the United States Constitution requires an evidentiary hearing before a recipien ...

'' (1970) - When does state or federal law create rights protected by due process? * '' Mathews v. Eldridge'' (1976) - What level of procedural due process is required? * ''

Logan v. Zimmerman Brush Co. ''Logan v. Zimmerman Brush Co.'', 455 U.S. 422, is a unanimous 1982 decision of the U.S. Supreme Court concerning the Due Process Clause of the Fourteenth Amendment. The Court held that the petitioner was entitled to have his discrimination comp ...

'' (1982) – Does an adjudicating agency's termination of an action due to its own failure to comply with the law deny due process to the complainant?

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.

References

{{reflist United States administrative case law

Administrative Law Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are gener ...