Administrative Law Cases + Key Elements

Congress gives agencies the power to make rules and fill in details

Look into the underlying statute because most agencies are created under an act

The power of judicial review for the Supreme Court

No branch is allowed to engage in work or give away work they are not constitutionally obligated to do

Established the intelligible principle. If Congress established a principle that tells the agency what actions they are limited to or have the power to do, then the delegation is allowed.

The president was authorized by congress to lift trade embargoes. This was allowed because there was an intelligible doctrine.

When a rule is sent back to the agency so they can better comply with the legislative intent. The court leaves the underlying statute in place because of respect and how slow rule-making can be

1930s- this was struck down because the delegation allowed for private members to decide the standards for everyone else. This went against fair process and decision-making under the 5th amendment due process

Various cases allow for delegation

Misretta - allowed because there was an intelligible principle

Benzene Cases - court used ultra vires because the agency did not follow congressional guidelines

Gundy - limited power was given to the attorney general and therefore it was allowed

INS v. Chadha - legislative veto's are unconstitutional because legislation must pass between both houses and the president

1. To force an agency to re-examine the status quo

2. To request the agency to undertake additional rule-making

3, To reqest the agency repeat or modify existing rules that are not working properly or are obsolete

4. To provide focused public input when an agency has adopted a rule without advance notice and comment permitted

Prompt notice shall be given of the denial in whole or in part of a written application, petition, or other request of an interested person made in connection with any agency proceeding and the notices shall be accompanied with a brief statement of the grounds for denial

a narrow scope of review for agency denial where the agency received total deference. Ask whether the agency has adequately explained the facts and policy concerns it relied on and if the facts have some basis on the record

A narrow scope of review was used as the EPA demanded a rulemaking petition.

Hard Look Review - agency must examine the relevant data and articulate a satisfactory explanation for its action including a rational connection between the facts and the choice made.

§706 - Scope of review. The reviewing court shall compel agency action unlawfully withheld or unreasonably delayed

§55(13) - agency action includes the failure to act

§555 - ancillary matters - with due regard for the convenience and necessity of the parties or their representatives and with reasonable time, each agency shall proceed to conclude a matter presented to it.

ASK: Is the delay so egregious as to warrant mandamus

1. The delay must be governed by a rule of reason

2. If congress provided a timetable that the agency is following for the rule of reason

3. Distinction between delays on economic regulations and human health and welfare. Economic delays are more reasonable.

4. The effect of expediting delayed action on other agency priorities

5. nature and extent of interests prejudiced by delay

6. No need for finding impropriety to hold agency action unreasonably delayed

Each agency shall separately state and currently publish in the Federal Register for the guidance of the public

1. substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency

2. amendments, revisions, repeals

JEM Broadcasting v. FCC - created a balancing test to see whether the rules change a substantive or procedural aspect. The balancing test asks if the interests promulgated by public participation in rulemaking outweighed by countervailing considerations of effectiveness, efficiency, and reduction in expense

Air Transport v. DOT - use a substantial value test where nominally procedural rules encode a substantive value judgement or substantially alter the rights or interests of regulated parties, the rule must be proceeded by notice and comment

American Hospital v. Bowen - used a substantive impact test which covers agency activities that do not themselves alter the rights of parties, although it may alter the manner in which the parties present themselves or their view-points to agencies. Identify what substantive effects are sufficiently grave that notice and comment are required

Typically triggers a trial type hearing, rarely used

The words "on the record" or an equivalent should be in the statute to trigger formal rulemaking.

The phrase "rules to be made on the record after a hearing" was not enough to trigger formal rulemaking in Allegheny-Ludlum Stee

No one outside the agency shall make or knowingly cause to be made to agency member, ALJ, or one involved in decision-making process an ex-parte communication that is relevant on the merits of the proceeding

Requires notice and comment. Written comment is mandatory but oral comments are optional. The final rules must be published in the Federal Register in no less than 30 days before the effective date

Must be given if the original plan is the logical outgrowth of the notice and comments already given.

Chocolate Manufactures - If the rule materially alters the issue involved or substantially departs from the terms or substance of the proposed rules, then notice is inadequate

Portland Cement - Notice of proposed rulemaking should include scientific data or methodology on which the agency relied in formulating the proposal

1. Military and Foreign affairs because notice would endanger national security

2. Agency internal management or personnel

3. If it is impracticable because publication is contrary to the goal

4. if it is unnecessary because there is a lack of public interest or the rule is minor

5. it is contrary to the public interest because there is an immediate need to act