''Securities and Exchange Commission v. Chenery Corporation'', 318 U.S. 80 (1943), is a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case. It is often referred to as Chenery I, as four years later the case was before the Supreme Court a second time in
Chenery II. Chenery I set out what is known as the ''Chenery'' Doctrine, a basic principle of U.S. administrative law that an agency may not defend an administrative decision on new grounds not set forth by the agency in its original decision.
Background
The respondents, who were officers, directors, and controlling stockholders of the Federal Water Service Corporation (hereafter called Federal), a holding company registered under the
Public Utility Holding Company Act of 1935
The Public Utility Holding Company Act of 1935 (PUHCA), also known as the Wheeler-Rayburn Act, was a US federal law giving the Securities and Exchange Commission authority to regulate, license, and break up electric utility holding companies. It l ...
, c. 687, 49 Stat. 803, 15 U.S.C. § 79 et seq., brought this proceeding under § 24(a) of the Act to review an order made by the
Securities and Exchange Commission
The U.S. Securities and Exchange Commission (SEC) is an independent agency of the United States federal government, created in the aftermath of the Wall Street Crash of 1929. The primary purpose of the SEC is to enforce the law against market ...
on September 24, 1941, approving a plan of reorganization for the company. Under the Commission's order, preferred stock acquired by the respondents during the period in which successive reorganization plans proposed by the management of the company were before the Commission was not permitted to participate in the reorganization on an equal footing with all other preferred stock. The
United States Court of Appeals for the District of Columbia
The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate co ...
, with one judge dissenting, set the Commission's order aside, 75 U.S.App.D.C. 374, 128 F.2d 303, and, because the question presented loomed large in the administration of the Act, the Supreme Court granted certiorari.
See also
*
Administrative law
Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as " regulations"), ...
* ''
Securities and Exchange Commission v. Chenery Corporation (1947)''
*''
Bowen v. Georgetown University Hospital''
References
External links
* {{caselaw source
, case=''Securities and Exchange Commission v. Chenery Corp.'', {{ussc, 318, 80, 1943, el=no
, courtlistener =https://www.courtlistener.com/opinion/103770/sec-v-chenery-corp/
, findlaw = https://caselaw.findlaw.com/us-supreme-court/318/80.html
, googlescholar = https://scholar.google.com/scholar_case?case=13958705648990815796
, justia =https://supreme.justia.com/cases/federal/us/318/80/case.html
, loc =http://cdn.loc.gov/service/ll/usrep/usrep318/usrep318080/usrep318080.pdf
United States Supreme Court cases
United States Supreme Court cases of the Stone Court
United States administrative case law
United States securities case law
Chenery Corporation (1943)
1943 in United States case law