Climate Change Project

Table of Contents



Administrative Law Materials

Administrative Law Teaching Resources

Also See:

State Administrative Law / Suing the Government / Police Power / Public Health Law Practice

Links to Administrative Law WWW Sites / Reports, government manuals, and practice aids

Cases on Administrative Searches - These are treated separately because of their special significance in public health.

United States Supreme Court Cases

Lower federal court cases

Perez v. Mortgage Bankers Association, No. 13-1041 (2015) - Court rejects DCC holding from Paralyzed Veterans that interpretative rules much be changed by notice and comment. Good review of oversight by court.

Lexmark International, Inc. v. Static Control Components, Inc., 134 S. Ct. 1377 (2014) - Courts holds that the traditional zone of interest analysis is really just a question of whether the statute creates a cause of action. (edited for class)

Util. Air Regulatory Grp. v. E.P.A., 134 S. Ct. 2427, 189 L. Ed. 2d 372 (2014) - Court limits the expansion of GHG regs under NAAQS.

Clapper v. Amnesty International USA, 568 U.S. XXX (2013) (HTML) - Plaintiffs have no standing to challenge FISA because they cannot prove they were subject to surveillance.

The Health Care Case - 2012

Sackett v. Environmental Protection Agency, 132 S.Ct. 1367 (2012) - Complaince orders with penalties are final agency action and ripe for judicial review.

American Eletric Power Company, Inc. v. Connecticut, 131 S.Ct. 2527, 180 L.Ed.2d 435 (2011) - Federal common law claims preempted in greenhouse gas cases

F.C.C. v. Fox Television Stations, Inc., 556 U.S. 502 (2009) - Standard for changing a rule. (pdf)

Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) - Supreme Court expands state standing and standards for reviewing petitions for rulemaking in global warming case

Wilkie v. Robbins, 127 S.Ct. 2588 (2007) - Court rejects RICO and other novel claims against the government - interesting discussion of exhaustion of administrative remedies.

Privacy loses to security: The United States Supreme Court rules that states can put sex offenders on the WWW without a hearing. (Connecticut Dept. of Public Safety v. Doe, 123 S.Ct. 1160, 71 USLW 4125, 71 USLW 4158 (2003) and Smith v. Doe, 123 S.Ct. 1140, 71 USLW 4182 (2003))

Congress may implicitly delegate power to agency to preempt state law - New York v. Federal Energy Regulatory Commission, 122 S.Ct. 1012, 152 L.Ed.2d 47 (2002)

Court Defers to Agency Interpretation of Statute Allowing Eviction of Public Housing Tenants using Drugs - Department of Housing and Urban Development v. Rucker, 122 S.Ct. 1230 (2002)

Prison Litigation Reform Act requires exhaustion of remedies in 1983 cases - Booth v. Churner, 532 U.S. 731 (2001); Prison Litigation Reform Act applies to private and federal prisons - Roles v. Maddox, 439 F.3d 1016 (9th Cir. 2006)

Agency rules that do not go through notice and comment are judged on persuasiveness - United States v. Mead Corporation, 533 U.S. 218 (2001)

Congress cannot restrict representation by legal services attorneys - Legal Services Corporation v. Velazquez, 531 U.S. 533 (2001)

Court overturns regulation but dodges delegation question - Whitman v. American Trucking Associations, Inc., 531 U.S. 457 (2001)

Brief - FDA Does Not Have the Authority to Regulate Tobacco - FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120 (U.S. 2000)

Brief - Health Care Providers Cannot Appeal HHS Regulations Directly to District Court - Shalala v. Illinois Council on Long Term Care, Inc., 120 S.Ct. 1084 (U.S. 2000)

No Chevron deference for AG ruling that Oregon Death with Dignity law violated the controlled substances act - Gonzales v. Oregon, 546 U.S. 243 (2006)

Brief - Does the federal bribery statute extend to institutions receiving funds from Medicare? - Fischer v. United States, 529 U.S. 667 (2000)

Good review of standing requirements for associations - United Food and Commercial Workers Union Local 751 v. Brown Group, Inc., 517 U.S. 544 (1996)

Court Sets Standards for Standing to Challange Agency Regulations - Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992)

Standards for a Facial Challange to a Federal Regulation - The Gag Rule - Rust v. Sullivan, 500 U.S. 173 (1991)

Court clarifies the zone of interests test for standing - Air Courier Conference v. American Postal Workers Union, 498 U.S. 517 (1991)

Congress may limit but not abolish due process rights for national security employees - Webster v. Doe, 108 S. Ct. 2047, 486 U.S. 592 (1988)

FDA cannot ignore their own findings when making a rule on pasteurization of milk - Public Citizen v. Heckler, 653 F. Supp. 1229 (D.D.C. 1986)

Court rejects "bitter with the sweet" doctrine allowing states to condition rights on benefits - Cleveland Board of Education v. Loudermill, 470 U.S. 532, 105 S. Ct. 1487, 84 L. Ed. 2d 494 (1985)

Heckler v. Chaney et al., 105 S. Ct. 1649, 470 U.S. 821 (1985) - Court rejects claim that FDA must regulate drugs used for lethal injections.

Two Step Test for Determing Whether the Court will Accept the Agency's Interpretation of Law - Chevron U. S. A. Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984)

Supreme Court finds implied preemption of judicial review of agency actions - Block v. Community Nutrition Institute et al., 104 S. Ct. 2450, 467 U.S. 340 (1984)

Court Strikes Legislative Veto - INS v. Chadha, 462 U.S. 919 (1983)

Court requires notice and comment for withdrawing a notice and comment rule - Motor Vehicle Mfrs. Ass'n of U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983)

Regulations can narrow the legal issues in adjudications - Heckler v. Campbell, 103 S. Ct. 1952, 461 U.S. 458 (1983)

Court upholds OSHA cotton dust exposure standards that did not consider a cost benefit analysis - American Textile Mfrs. Institute, Inc. v. Donovan, 452 U.S. 490 (1981)

Court rejects benzene exposure standards as exceeding OSHA's statutory authority - Industrial Union Dept., AFL-CIO v. American Petroleum Institute, 448 U.S. 607 (1980)

Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, 98 S. Ct. 1197, 435 U.S. 519 (1978) - Court limits judicially imposed rulemaking standards. Environmental Impact Statement for Vermont Yankee

The Court uses Cost Benefit Analysis to Limit Goldberg Hearing Rights - Mathews v. Eldridge, 424 U.S. 319 (1976)

Paul v. Davis, 424 U.S. 693 (1976) - The Flyer - The Court holds that providing shopkeepers with a list of shoplifters does not trigger due process rights.

Congressional appointment of commissioners to an enforcement agency violates separation of powers - Buckley v. Valeo, 424 U.S. 1 (1976)

Executive of food processor found guilty under strict liability for selling unsanitary food - United States v. Park, 421 U.S. 658 (1975)

Supreme Court clarifies "committed to agency discretion" - Citizens To Preserve Overton Park v. Volpe, 91 S. Ct. 814, 401 U.S. 402 (1971)

The Welfare Rights Case - Standards for Deprivation of Benefits - Goldberg v. Kelly, 397 U.S. 254 (1970)

Supreme Court favors reviewability of administrative actions - Abbott Laboratories et al. v. Gardner, 87 S. Ct. 1507, 387 U.S. 136 (1967)

Companion case to Abbott Labs denying pre-enforcement review - Toilet Goods Association v. Gardner, 87 S. Ct. 1520, 387 U.S. 158 (1967)

Limits on Congressional Interference in an Antitrust Investigation - Pillsbury Co. v. Federal Trade Commission, 354 F.2d 952 (5th Cir. 1966)

No right to counsel in administrative investigations - In re Groban, 77 S. Ct. 510, 352 U.S. 330 (1957) - fire investigation, habeas corpus proceeding

Supreme Court addresses the delegation doctrine for national security powers - United States v. Curtiss-Wright Export Corp. et al., 299 U.S. 304 (1936)

Supreme Court strikes New Deal oil regulation under delegation doctrine - Panama Refining v. Ryan, 55 S. Ct. 241, 293 U.S. 388 (1935) - Hot Oil Case

Supreme Court strikes down New Deal legislation allowing president to regulate poultry industry under delegation doctrine - A. L. A. Schechter Poultry Corp. v. United States, 55 S. Ct. 837, 295 U.S. 495 (1935) - Sick Chicken Case

Supreme Court upholds worker's compensation laws - New York Central Railroad v. White, 243 U.S. 188, 37 S.Ct. 247, 61 L.Ed. 667 (1917)

Rules that apply to everyone do not require hearings - Bi-Metallic Investment Co. v. State Board of Equalization of Colorado, 239 U.S. 441, 36 S. Ct. 141, 60 L. Ed. 372 (1915)

The Classic Case of Destruction of Bad Food without a Hearing - North American Cold Storage Co. v. City of Chicago, 211 U.S. 306 (1908)

Individualized fact findings require a hearing - Londoner v. City and County of Denver, 210 U.S. 373, 28 S. Ct. 708, 52 L. Ed. 1103 (1908)

Supreme Court Establishes Federal Commerce Power - Gibbons v. Ogden, 22 U.S. 1 (1824)

Classic case recognizing the implied powers of Congress - McCulloch v. Maryland 17 US 316 (1819)

Classic case establishing judicial review - Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)

Federal Appeals and District Court Cases

DC Circuit finds attack on rulemaking in progress as premature. Concurrance has a good discussion of the All Writs Act and when it applies - Murray Energy v. EPA (2015)

District court holds executive order on immigration should have been a notice and comment rule - Texas v. United States, No. CIV. B-14-254, 2015 WL 648579 (S.D. Tex. Feb. 16, 2015); plaintiffs' request for a preliminary injunction; defendant's reply and memorandum; plaintiffs' reply; amicus brief in opposition by immigration lawyers; amicus brief in opposition by police chiefs; amicus brief in opposition by Washington State.

De facto tenure claims by a fired LSU contract professor fail - Heerden v. Bd. of Sup'rs of Louisiana State Univ. & Agr. & Mech. Coll., No. CIV.A. 10-155-JJB-CN, 2011 WL 320921 (M.D. La. Jan. 28, 2011); Stigma plus claims survive summary judgment - van Heerden v. Bd. of Sup'rs of Louisiana State Univ. & Agr. & Mech. Coll., No. 3:10-CV-155-JJB-CN, 2011 WL 5008410 (M.D. La. Oct. 20, 2011) and the case is eventually settled.

Halbig v. Sebelius - complaint - Jan 2014 Federal District Court - Affordable Care Act found to allow subsidies through federal exchanges. Good congressional intent analysis.

Coalition for Responsible Regulation, Inc. v. E.P.A., 684 F.3d 102 (D.C. Cir. 2012) - DCC upholds greenhouse gas regulations

Ass'n of Am. Physicians & Surgeons, Inc. v. Food & Drug Admin., --- F.Supp.2d ----, 2008 WL 564942 (D.D.C. Mar 04, 2008) - Good standing analysis, including informational standing, in a challenge to an FDA regulation on Plan B

Can anyone show standing to contest national security communications interception - American Civil Liberties Union v. National Sec. Agency, 493 F.3d 644 (6th Cir.(Mich.) 2007) 

Federal hazardous materials regs preempt local pipeline regulation - Olympic Pipe Line Co. v. City of Seattle, No. 04-35307 (9th Cir. 2006)

Court dismisses racial discrimination case because it was based on state secret information - Sterling v. Tenet, 4th Cir, Aug 3 (2005)

California Recall Election Opinion - Audio of Oral Argument

Court Rules CMS Exceeded it Authority by Withholding Information about Complaint Resolution from Complainant - Public Citizen v. DHHS, 2003 U.S. App. LEXIS 12719 (2003)

Brief - Standard of Review for Agency Actions under Medicare - Association of American Medical Colleges v. United States, No. 98-56190 (9th Cir. 07-11-2000)

What does the "best available science" mean for EPA standard setting? - Chlorine Chemistry Council v. E.P.A., 206 F.3d 1286 (D.C.Cir. 2000)

Aesthetic injury recognized in rat regulation standing case - Alternatives Research & Development Foundation v. Glickman, 101 F.Supp.2d 7 (D.D.C. Jun 21, 2000) - Glickman II - Animal Legal Defense Fund Inc. v. Glickman, 332 U.S.App.D.C. 104, 154 F.3d 426 (D.C.Cir. 09-01-1998) - Glickman I

Decriminalizing parking tickets allows administrative review - Ada Van Harken v. City of Chicago, 103 F.3d 1346 (Cir 7 1997)

Privilege against self-incrimination does not block administrative proceeding - Hoover v. Knight, 678 F.2d 578 (5th Cir. 1982)

State Attorney General Opinions

Virgina AG Opinion - Laws that incorporate copyrighted materials are not vague and can be enforced.



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