Found inside – Page 2345cert . de( 1962 ) ; see Citizens to Preserve Overton Park , nied , 423 U.S. 827 ( 1975 ) . In this case , Inc. v . Volpe , 401 U.S. 402 , 416 ( 1971 ) . The therefore , the FCC did not have the leeway court may not supply a ground that the that may be ... Found inside – Page 27An early , outstanding and enlightening case involving judicial review of an agency action is that of Citizens to Preserve Overton Park , Inc. v . Volpe ... Found inside – Page 1851Cases. cal considerations on a habitat conservation plan . The court is not persuaded that an article published in the Riverside ... 2001 ) ( citing Citizens to Preserve Overton Park , Inc . v . Volpe , 401 U . S . 402 , 416 [ 2 ERC 1250 ] ( 1971 ) ) . Found inside – Page 45In this case , the agency's action must be “ arbitrary , capricious , an abuse of discretion , or otherwise 138 not in ... Administrative Procedure Act , 5 U.S.C. $ 706 ( 2 ) ( A ) ; Citizens to Preserve Overton Park v . Volpe , 401 U.S. 402 ( 1971 ) . Found inside – Page 338... supported by the Supreme Court ' s celebrated decision in a nonrulemaking case , Citizens to Preserve Overton Park , Inc . v . Volpe , 52 in which approval of a highway location was held subject to procedures , prescribed by the Court , to ... Found inside – Page lii... and Questions 1364 Texas Eastern Transmission Corp. v. Wildlife Preserves, Inc. 1371 Notes and Questions 1374 (3) Recent Legislative Constraints 1376 Lathan v. Volpe 1377 Notes and Questions 1389 Citizens to Preserve Overton Park, ... Found inside – Page 1054Dole , on a case - by - case that will harm a 835 F . 2d 805 ( 11th basis , and the scrutiCir . ... It should also be noted that in Although the Kansas legislature Overton Park , the U . S . Supreme chose to use the terminology in Court ... on an equal footing with preserCitizens to Preserve Overton Park vation of parkland there would v . Volpe , 401 U . S . 402 ( 1971 ) , the have been no need for the statutes . Found inside – Page 121Citizens to Preserve Overton see also 47 U . S . C . § 405 ( a ) ; 47 C . F . R . Park , Inc . v . Volpe , 401 U . S . 402 , 420 , 91 § 1 . 106 ( b ) ( 2 ) ( i ) - ( ii ) , ( c ) . This test requires S . Ct . 814 , 825 – 26 , 28 L . Ed . 2d 136 ( 1971 ) ; " a particularly ... Found inside – Page 1606In the closest case , Students Against The CBP's FOIA fee decision is reviewed for arbitrariness and capriciousness . Citizens to Preserve Overton Park , Inc. v . Volpe sets ' Even a case applying the public domain test to Exemption 4 ... Found inside – Page 95On the basis of these cases , we believe the See also , Citizens to Preserve Overton Park , plaintiffs have alleged a prima facie case Inc. v . Volpe ( 1971 ) , 401 U.S. 402 , 91 S.Ct. for a writ of mandamus . Based on the 814 , 28 L.Ed.2d ... Found inside – Page 129Again , the court did not make the ultimate decision but held that administrators must face problems presented to them and not try ... Lastly , I wish to deal with an FHWA case , Citizens to Preserve Overton Park v . Volpe . 27 That case involved ... Found inside – Page 5The second exception has been clarified by judicial interpretation . The Citizens to Preserve Overton Park , Inc. , v . Volpe ( 401 U.S. ... Found inside – Page 36[ I ] n the present case there was contemporaneous explanation of the agency decision . ... nonrulemaking agency decision is subject to " thorough , probing , indepth review , " Citizens to Preserve Overton Park v . Volpe , 401 U.S. 402 , 415 . Found inside – Page 1521See generally Motor Vehicle Mfrs . Assn . v . State Farm Mut . Auto . Ins . Co. , 463 U.S. 29 ( 1983 ) ; Citizens to Preserve Overton Park , Inc. v . Volpe , 401 U.S. 402 ( 1971 ) ; Ethyl Corp. v . EPA , 541 F.2d 1 ( D.C. Cir . ) , cert . denied , 426 U.S. ... Found inside – Page 84In Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 (1971), the Supreme Court directly addressed the question of the scope of judicial review of informal administrative agency action. That case involved a review of a determination by ... Found inside – Page 463record for substantial evidence , and review of the decision for an abuse of discretion . Despite ... Steadman v . SEC , 450 U . S . 91 , 96 – 97 ( 1981 ) . 109 . Citizens to Preserve Overton Park , Inc . v . Volpe , 401 U . S . 402 , 415 ( 1971 ) . 110 . Found inside – Page 170( 1 ) The trial judge ' s decision must be based on relevant factors so as not to be a clear error in judgment . Citizens to Preserve Overton Park , Inc . v . Volpe , 401 U . S . 402 , 91 S . Ct . 814 , 28 L . Ed . 2d 136 ( 1971 ) . ( 2 ) The trial court must ... Found inside – Page B-47276 - 911 Adamo Wrecking C Petitioner , v . United ... Despite these unambiguous provisions , the Court holds in this case that such an action of the Administrator shall be subject to judicial review in a criminal proceeding for ... 5 U . S . C . $ 706 ( 2 ) ( C ) ; see Citizens to Preserve Overton Park v . Volpe , 401 U . S . 402 , 415 . Found inside – Page 1475Martin v . Occupational Safety not dispute Maryland's fulfillment of two & Health Review Comm'n , U.S. of the indicators , we consider only ... See 7 C.F.R. § 273.9 ( c ) ( 11 ) ( i ) ( " Some indicators of purpose whether the agency has committed " a clear error of judgment , " Citizens to Preserve are .... " ( emphasis added ) ) ; see also Final Overton Park , Inc. v . Volpe , 401 U.S. 402 , Rule Preamble , 48 Fed. Found inside – Page 277which the facts of out - of - the - ordinary cases could not be weighed , the issue of whether these regulations were ... F . 2d 31 ( D . C . DofC , 1974 ) . 86 Citizens to Preserve Overton Park , 10 568 F . 2d 240 ( CA - 2 . 1977 ) . Inc . v . Volpe ... Found inside – Page 272Ibid., 11, citing Strauss, Administrative Law Stories: Citizen's to Preserve Overton Park v. Volpe, 13. 199. Ginn, “Interstate 40 Through Overton Park,” 38. Found inside – Page 22088 The principal case in the area illustrates how both the issue of reviewability and the standard of " abuse of discretion " are applied . In Citizens to Preserve Overton Park v . Volpe , the Secretary of Transportation released federal money to ... Found inside – Page 20In addition , Maryland threshold issue in this case is whether , at is considering building three extensions this point ... See Citizens to Preserve Overton Park , Inc. v . Volpe , 401 U.S. 402 , 405 , 91 S.Ct. 814 , 818 , 28 L.Ed.2d 136 ( 1971 ) . Found inside – Page 38In Citizens to Preserve Overton Park v . Volpe ( 1971 ) , the Supreme Court remanded a case to a district court because the justices had not been presented ... Found inside – Page 5Citizens to Preserve Overton Park v . Volpe , 401 U . S . 402 , 410 ( 1971 ) . The terms of Title VI are not so broad as to preclude judicial review . A substantial and authoritative body of case law provides the criteria by which noncompliance can ... Found inside – Page 144See Mathews v . Eldridge , judicial review . judicial review . See Citizens to Preserve 424 U.S. 319 , 335 , 96 S.Ct. 893 , 903 , 47 Overton Park v . Volpe , 401 U.S. 402 , 420 , 91 L.Ed.2d 18 ( 1976 ) ; Reeve , 982 F.2d at 598 ; S.Ct. 814 , 825-26 ... Found inside – Page 160As in the case of judicial review of the action of an administrative agency , the decision would be entitled to a presumption of regularity , Citizens to Preserve Overton Park v . Volpe , 401 U . S . 402 , 415 ( 1971 ) ; the scope of review would be ... Found inside – Page 389F.C.C.2d 354 ( 1975 ) , and it was modified The situation in the instant case is in 1976 by changing the threshold for quite ... See Citizens to Preserve Overton Park , Inc. v . forcement efforts as to covered stations Volpe , 401 U.S. 402 , 416 ... Found inside – Page 127The claim of citizenship is thus a denial of an essential jurisdictional fact . ” 16 Questions of " jurisdictional facts " were thereby opened to de novo review . Because it found citizenship so fundamental , the Court in Ng Fung Ho required the entire case to be retried by the ... Citizens to Preserve Overton Park , Inc. v . Volpe , 401 U.S. 402 , 91 S.Ct. 814 , 28 L.Ed.2d 136 ( 1971 ) , on remand 335 F.Supp . Found inside – Page 12-11... were in blatant violation of Federal regulations " Alts huler said the US Supreme Court in the case of The Citizens to Preserve Overton Park Inc. v . Volpe on Mar 2 1971 ruled in that Memphis case that a public works department had to show ... Found inside – Page 609An examination of a single APA case in a litigation course cannot begin to do justice to the subject . Nevertheless , if only one case were to be studied , the Supreme Court's decision in Citizens to Preserve Overton Park , Inc. v . Volpe is a good ... Found inside – Page 883The standard of review than a decision to recommend that a probastated in subsection ( 5 ) is known as the tionary ... fairly detracts landmark case of Citizens to Preserve from the weight of the Board ' s evidence . Overton Park v . Volpe , 401 U ... Found inside – Page 175The decision at the federal level was found to be judicially reviewable in Citizens to Preserve Overton Park , Inc. v . Volpe , 401 U.S. 402 , 410 ( 1971 ) . 21. Gray , rupra note 12 at 338 . 22. TA 29. Id al 39-40 30 CONFERENCE REPORT 10 ... Found inside – Page 1062Assuming intervention dant's voluntary conduct is stringent : “ A would be necessary , the allegations may case might become moot ... 106 ( 1973 ) ; see also Citizens to Preserve Overton Park v . Volpe , 401 U.S. 402 , 419– [ 6 ] Alternatively , the Forest Service 20 , 91 S.Ct. 814 , 28 L.Ed.2d 136 ( 1971 ) . requests this matter ... Found inside – Page 484Id . at 1655 ( quoting Citizens to Preserve Overton Park , Inc. v . Volpe , 401 U.S. at 410 ) : Similarly , the Secretary's decision here does not fall within the exception for action “ committed to agency discretion . ” This is a very narrow exception . Found inside – Page 59737In Citizens to Preserve Overton Park Inc. v . Volpe , 401 U.S. 402 , 420 ( 1971 ) , the Supreme Court recognized that where the bare administrative record did not disclose the factors considered by an agency or the agency's construction of the ... Found inside – Page 327Citizens to Preserve Overton Park v . Volpe , 401 U . S . 402 , 411 - 12 ( 1971 ) . In Chevron , for example , a case arising under the Clean Air Act . Congress had recognized , but had been unable to reconcile , two " manifestly competing ... Found inside – Page 28The court case most often cited in setting the standard of review for agency decisions under NEPA is Citizens to Preserve Overton Park , Inc . v . Volpe [ 401 U . S . 402 ( 1971 ) ] . Although this case was not a NEPA case , the Supreme Court ... Found inside – Page 276The task is carried out in complex cases that frequently involve many parties who submit intricate and lengthy volumes of argument and evidence . ... Volpe , 432 F.2d 1307 , 1309-10 ( 6th Cir . ... Cited in Citizens to Preserve Overton Park v . Found inside – Page 3976 million in December 1982 REFERENCES : Citizens To Preserve Overton to $ 279 . 9 million in October 1983 . Brokered Park v . Volpe , 401 U . S . 402 , 415 ( 1971 ) ( indeposits were shown to have represented stances of Administrative Procedure Act 10 . ... deThe administrative record showed that by nied , 464 U . S . 992 ( 1983 ) , discussed in Case December 5 , 1985 , Guaranty Savings had ... Found inside – Page 1080NLRB v . Food & Commer ( LTV ) a statement showing its reasoning in applying those cial Workers , 484 U.S. 112 , 123 ( 1987 ) ... Natural Resources Defense a restoration decision on something other than the improved Council , Inc. , 435 U.S. 519 ( 1978 ) ... they rely on Citizens Consequently , follow - on plans may tend to frustrate one to Preserve Overton Park , Inc. v . Volpe , 401 U.S. 402 ( 1971 ) . of the objectives of ERISA that the PBGC is supposed to In Overton Park , the Court ... Found inside – Page 153Citizens to Preserve Overton Park v. Volpe 401 U.S. 402 (1971) [The facts in this case appear earlier in this chapter.] narrow one. Found inside – Page 85-336Camp , 397 U. S. 150 ( 1970 ) , and in the light of that decision and the more recent decision in Citizens to Preserve Overton Park , Inc. v . Volpe , 39 U. S. L. W. 4287 ( U. S. March 2 , 1971 ) , is at least doubtful . We need not reach this issue ... Found inside – Page 29See Camp , 411 U . S . at 141 - 142 , 93 S . Ct . at 1244 ( citing Citizens to Preserve Overton Park v . Volpe , 401 U . S . 402 , 415 , 91 S . Ct . 814 ( 1971 ) ) . 21 . See , e . g . , Scott at 265 – 268 , and cases cited therein . 22 . For examples of ... Found inside – Page 95CITIZENS TO PRESERVE OVERTON PARK, INC. v. VOLPE 401 U.S. 402 (1971). NATURE OF CASE: Suit to set aside administrative action. Found inside – Page 762As stated by the United States Supreme Court “ [ w ] e must know what a decision means before the duty becomes ours ... Moore v . State , 553 P.2d at 36 ; Citizens to Preserve Overton Park , Inc. v . Volpe , 401 U.S. at 417 , 91 S.Ct. at 824 , 28 ... Found inside – Page 8EPA ' s interpretation of case law to de novo review . See Arizona Pub . Serv . Co . V ... See Citizens to Preserve Overton Park v . Volpe , 401 U . S . 402 , 416 , 28 L . Ed . 2d 136 , 91 S . Ct . 814 ( 1971 ) ; Rybachek v . Environmental Protection ... Found inside – Page 641Green argues that he is entitled to de novo review in this court , citing Citizens to Preserve Overton Park v . Volpe , 401 U . S . 402 , 91 S . Ct . 814 , 28 L . Ed . 2d 136 ( 1971 ) . In that case , the Supreme Court held that de novo review of an agency decision is authorized by Section 706 ( 2 ) ( F ) of the Administrative ... Found inside – Page 291As an epilog to the Supreme Court decision , when the case was remanded to the district court which , in turn , referred the ... Citizens to Preserve Overton Park v . Brinegar , 494 F . 2d 1212 ( C . A . 6 , 1974 ) . 2 * Brooks v . Volpe , 460 F . 2d ... ( C ) ; Citizens to Preserve 424 U.S. 319, 335, 96.! Through Overton Park, nied, 464 U of a determination by Found. Case: Suit to set aside administrative action C ) indeposits were shown to have represented of. 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