Court : US Supreme Court
..... the apa provides that "[a] person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof," 5 u. s. c. ..... private citizens and conservation organizations the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing. ..... terminating the program would qualify as a "rule" within the meaning of the ap a, it would be exempt from the notice-and-comment requirements of 553.7 termination of the program might be seen as affecting the service's organization, but "rules of agency organization" are exempt from notice-and-comment requirements under 553(b)(a). ..... like the decision against instituting enforcement proceedings, then, an agency's allocation of funds from a lump-sum appropriation requires "a complicated balancing of a number of factors which are peculiarly within its expertise": whether its "resources are best spent" on one program or another; whether it "is likely to succeed" in fulfilling its statutory mandate; whether a particular program "best fits the agency's overall policies"; and, "indeed, whether the agency has enough resources" to fund a program "at all. .....
Tag this Judgment!Court : US Supreme Court
..... one, in which we decided whether a bistate entity qualified for eleventh amendment immunity.12 lake country rejected a plea that the tahoe regional planning agency (trp a), an agency created by compact to which california and nevada were parties, acquired the immunity which the eleventh amendment accords to each one of trp a's ..... ) (rejecting eleventh amendment immunity plea, despite commonwealth's control over agency's executives, planning, and administration, where agency did not depend on commonwealth financing for its income and covered its own ..... that we find good reason to classify the port authority as a state agency for eleventh amendment purposes based on the control new york and new jersey ..... set out a general approach: we would presume the compact clause agency does not qualify for eleventh amendment immunity "[u]nless there is good reason to believe that the states structured the new agency to enable it to enjoy the special constitutional protection of the states ..... port authority pba, both rejecting eleventh amendment pleas by public 21 it would indeed heighten a "myster[y] of legal evolution" were we to spread an eleventh amendment cover over an agency that consumes no state revenues but contributes to the state's wealth. ..... path moved to dismiss each action, asserting (1) path's qualification as a state agency entitled to the eleventh amendment immunity from suit in federal court enjoyed by new york and new jersey,2 and (2) petitioners' failure to 1 hess additionally invoked .....
Tag this Judgment!Court : US Supreme Court
..... regulation, the attorney general has delegated authority to the solicitor general: "the following-described matters are assigned to, and shall be conducted, handled, or supervised by, the solicitor general, in consultation with each agency or official concerned: "(a) conducting, or assigning and supervising, all supreme court cases, including appeals, petitions for 1 under 28 u. s. c. ..... mind the solicitor general's traditional role in conducting and controlling all supreme court litigation on behalf of the united states and its agencies-a role that is critical to the proper management of government litigation brought before this court, see id. ..... but the practice also serves the government well; an individual government agency necessarily has a more parochial view of the interest of the government in litigation than does the solicitor general's office, with its broader view of litigation in which the government is involved throughout the state ..... if the solicitor general were allowed to retroactively authorize otherwise unauthorized agency petitions after the deadline had expired, he would have the unilateral power to extend the 90-day statutory period for filing certiorari petitions by days, weeks, or, as in this case, ..... legislative history reveals congress' belief that "[p]robably the most significant reform that could emerge from the watergate scandal is the creation of an independent nonpartisan agency to supervise the enforcement of the laws relating to the conduct of elections. .....
Tag this Judgment!Court : US Supreme Court
..... a narrow reading, "[t]here would be no point in congress requiring [ferc] to consider the state agency recommendations on environmental matters and 737 make its own decisions about which to accept, if the state agencies had the power to impose the requirements themselves. ..... the epa, a 401 certification shall contain "[a] statement of any conditions which the certifying agency deems necessary or desirable with respect to the discharge of the activity. ..... , we concluded, could "destroy the effectiveness" of the fp a and "subordinate to the control of the state the 'comprehensive' planning" with which the administering federal agency (at that time the federal power commission) was charged. ..... court adopts its expansive reading of 401(d) based at least in part upon deference to the "conclusion" of the environmental protection agency (epa) that 401(d) is not limited to requirements relating to discharges. ..... may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the state in which the discharge originates ... ..... under the act, the administrator of the environmental protection agency (epa) is required, among other things, to establish and enforce technology-based limitations on individual discharges into the country's navigable waters from ..... in order to protect the river's fishery, respondent state environmental agency issued a 401 certification imposing, among other things, a minimum stream flow requirement of between 100 and .....
Tag this Judgment!Court : US Supreme Court
..... bramblett court itself acknowledged the connection between the 1934 act and the proliferation of fraud in the newly formed executive agencies: "the 1934 revision was largely the product of the urging of the secretary of the interior. ..... delivered the opinion of the court with respect to parts i, ii, iii, and vi, concluding that, because a federal court is neither a "department" nor an "agency" within 1001's meaning, the statute does not apply to false statements made in judicial proceedings. pp. ..... accordingly, a straightforward interpretation of the text of 1001, with special emphasis on the words "department or agency," would seem to lead inexorably to the conclusion that there is no need for any judicial function exception because the reach of the statute simply does not extend ..... 1001.1 that statute provides: "whoever, in any matter within the jurisdiction of any department or agency of the united states knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document ..... to be made or used any false bill, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to contain any fraudulent or fictitious statement or entry, in any matter within the jurisdiction of any department or agency of the united states or of any corporation in which the united states of america is a stockholder ... .....
Tag this Judgment!Court : US Supreme Court
..... the supremacy clause itself, of course, expressly refers to the state judges' obligations under federal law, and other numbers of the federalist give examples of state executive "agency" in the enforcement of national revenue laws.2 consists of not obstructing administration of the law is not described as "incorporated into the operations" of a government or as an ..... such a novel phenomenon that this court's first experience with it did not occur until the 1970's, when the environmental protection agency promulgated regulations requiring states to prescribe auto emissions testing, monitoring and retrofit programs, and to designate preferential bus and carpool lanes. ..... no clear support in madison's writings, or as far as we are aware, in text, history, or early commentary elsewhere.9 8justice souter's discussion of this passage omits to mention that it contains an example of state executives' "essential agency"-and indeed implies the opposite by observing that "other numbers of the federalist give examples" of the "essential ..... most troubling provisions of the public utility regulatory policies act of 1978 to contain only the "command" that state agencies "consider" federal standards, and again only as a precondition to continued state regulation of an otherwise pre-empted field ..... were correct (and if madison agreed with it), one would surely have expected that "essential agency" of state executive officers (if described further) to be described as their responsibility to execute the .....
Tag this Judgment!Court : US Supreme Court
..... congress did not so intend, however, because, in the words of the united states, "[i]t would have been odd for congress to have provided that title vi remedies applied in section 504 cases involving discrimination by executive agencies because title vi [unlike 504] does not prohibit discrimination in programs or activi- 11 section 505(a)(1) provides: "the remedies, procedures, and rights set forth in section 717 of the civil rights act of 1964 (42 ..... government to awards of injunctive relief, attorney's fees, and monetary damages when it acts as a "federal provider," but would not subject it to monetary damages awards when, and only when, a federal executive agency itself commits a violation of 504(a), lane posits, is so illogi- 196 cal as to foreclose the conclusion that congress intended to create such a scheme. ..... public entities" to which 1003 refers, lane concludes, must include the federal executive agencies named in 504(a), and those agencies must be subject to the same remedies under 504(a), including monetary damages, as are ..... under the provisions of the apa, "[a] person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute," is expressly authorized to bring "[a]n action in a court of the united states seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority." .....
Tag this Judgment!Court : US Supreme Court
..... , our summary review leads us to the conclusion that there is a reasonable probability that the court of appeals would conclude that the timing of the agency's interpretation does not preclude the deference that it would otherwise receive, and that it may be outcome determinative in this case. ..... there is a reasonable probability that the fourth circuit would conclude that the timing of the agency's interpretation does not preclude the deference that it would otherwise receive, and that it may be ..... that a confession of error reveals a genuine and potentially determinative error by the court below, a gvr may be appropriate; similarly, we believe that if an agency interpretation is reasonably probably entitled to deference and potentially determinative, we may gvr in light of it. ..... the dissent accepts in principle that a new interpretation of a statute adopted by the agency charged with implementing it may be entitled to deference in the context of litigation to which ..... the court sees it, that its summary review has led it to "believe that [the] agency interpretation is reasonably probably entitled to deference and potentially determinative. ..... 13.5 there is, however, a special factor in this second case: respondent is an agency head, whose view on the legal point in question is in some circumstances entitled to ..... do not see why uncertainty as to the "lega[l] cognizab[ility]" of an agency interpretation in a particular case should be treated differently from uncertainty as to its application .....
Tag this Judgment!Court : US Supreme Court
..... on decisions from other courts of appeals that interpret the scope of a district court's diversity jurisdiction, the court determined that deferential review of state agency action was an appellate function that was "inconsist- 1 the district court also dismissed a third action filed by lcs, which is not in issue ..... court reasons today, the distinction between de novo and deferential review is inconsequential, then a district court may, indeed must, entertain cross-system, onthe-record appeals from local agency decisions-without regard to the presence or absence of any federal questionwhenever the parties meet the diversity-of-citizenship requirement of 1332. ..... ii to reach its landmark result, the court holds that a district court may perform cross-system appellate review of administrative agency decisions so long as the plaintiff's complaint also contains related federal claims, for "[t]hose federal 181 claims suffice to make the actions 'civil actions' within the 'original jurisdiction' of ..... last term's lead opinion observed: "in the states there is an ongoing process by which state courts and state agencies work to elaborate an administrative law designed to reflect the state's own rules and traditions concerning the respective scope of judicial review and ..... reasoned that, while stude and horton establish that proceedings to conduct de novo review of state agency action are subject to removal, the propriety of removing proceedings involving deferential review is still an open .....
Tag this Judgment!Court : US Supreme Court
..... con- 2 "(1) except as provided in paragraph (2) of this subsection any person may commence a civil suit on his own behalf- "(a) to enjoin any person, including the united states and any other governmental instrumentality or agency (to the extent permitted by the eleventh amendment to the constitution), who is alleged to be in violation of any provision of this chapter or regulation issued under the authority thereof; or "(c) against the secretary where there is ..... contending that any injury suffered by petitioners is neither "fairly traceable" to the service's biological opinion, nor "redressable" by a favorable judicial ruling, because the "action agency" (the bureau) retains ultimate responsibility for determining whether and how a proposed action shall go forward. ..... here; and the second is met because, as we have discussed above, the biological opinion and accompanying incidental take statement alter the legal regime to which the action agency is subject, authorizing it to take the endangered species if (but only if) it complies with the prescribed conditions. ..... also claimed that the actions violated the administrative procedure act (apa), which prohibits agency actions that are arbitrary, capricious, an abuse of discretion, or otherwise not in ..... private parties may enforce the substantive provisions of the esa against regulated parties-both private entities and government agencies-but is not an alternative avenue for judicial review of the secretary's implementation of the statute. .....
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