Rulemaking
We have used this term we’ve used to describe the changes wrought by Florida East Coast Railroad, including the 1960s and 1970s?
What is the rulemaking revolution?
What is "agency process for the formulation of an order"
This case identified a broad presumption of review-ability of agency actions.
What is Overton Park v. Volpe?
This case holds that “[t]he weight of such a judgment in a particular case will depend upon the thoroughness evident in its consideration, the validity of its reasoning, its consistency with earlier and later pronouncements, and all those factors which give it power to persuade, if lacking power to control.”
What is: Skidmore v. Swift.
Read no further: one might find all most of Congress's power in this article of the Constitution.
What is Article I.
If you're an agency, you better make sure you do this to all substantial comments submitted to the agency before issuing a final rule . . . .
What is "hard look?"
The sections
that apply if formal adjudications are necessary.
What are 556 & 557?
A plaintiff can sue over an agency's failure to do this to their petition for a rulemaking. . . .
What is: Failure to consider
This doctrine has been said to require that Congress provide “intelligible principle” when it passes substantive statutes giving authority to the Executive.
What is The Non-delegation Doctrine
Agencies are sometimes derisively referred to as this branch of government.
What is: the "headless fourth branch."
These words trigger in a substantive statute trigger formal rulemaking or adjudication under the APA.
What is “on the record after opportunity for an agency hearing”
The APA prohibits adjudicators from doing this.
Ex parte communications
This is the standard of review courts apply when they’re doing “hard look” review.
What is 706(a), arbitrary and capricious review.
This case’s relies on an implicit delegation theory to justify it’s holding.
What is Chevron?
This requirement ensures that all pieces of legislation are passed by the Senate and the House.
What is: bicameralism.
These include interpretative rules, rules of practice and procedure, and those promulgated with “good cause” for this . . . .
What is: exceptions to notice and comment rulemaking?
These clauses set the floor for agency adjudication procedures.
The Due Process Clauses of the 5th + 14th Amendments.
You must have these three things one must have to maintain a lawsuit agains the federal gov’t.
What are a cause of action; a court with jurisdiction; a plaintiff with standing.
According to Justice Gorsuch, policies the agency could have adopted under its reasoning (but didn't) might be one factor in determining an agency policy is without justification under this doctrine.
What is the major questions doctrine
The vesting clause is part of this section of the Constitution
What is: Article II.
If an agency wants to change course in light of comments, it better make sure that it’s complying with this standard for it’s final rule . . . .
What is the “logical outgrowth test”
Outside of the APA, you can find procedures to deployed in this type of statute.
What is: substantive statute.
This type of preclusion may apply when there's no express statutory authority barring judicial review.
What is implied preclusion?
In nomral times, Congress passes this type of legislation to fund the federal government.
What is: appropriations.
Individuals exercising significant authority pursuant to the laws of the United States must be selected in this manner, according to Article II of the Constitution.
What is "with the advice and consent of the Senate" = Senate confirmation.