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American Great Lakes Ports Association et al v. Zukunft et al

RESPONSE re Cross MOTION for Summary Judgment

43 Cited authorities

  1. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,634 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  2. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,970 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"

  3. Bowen v. Georgetown University Hospital

    488 U.S. 204 (1988)   Cited 1,716 times   10 Legal Analyses
    Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”

  4. Judulang v. Holder

    565 U.S. 42 (2011)   Cited 362 times   7 Legal Analyses
    Holding that an irrational application of a statute is arbitrary and capricious

  5. Allentown Mack Sales & Service, Inc. v. Nat'l Labor Relations Bd.

    522 U.S. 359 (1998)   Cited 418 times   13 Legal Analyses
    Holding that the Board "is not free to prescribe what inferences from the evidence it will accept and reject, but must draw all those inferences that the evidence fairly demands"

  6. Consolidated Edison Co. v. Public Serv. Comm'n

    447 U.S. 530 (1980)   Cited 594 times   1 Legal Analyses
    Holding content-based a regulation that barred utility company bill inserts expressing "opinions or viewpoints on controversial issues of public policy" but did not bar "topics that are not `controversial issues of public policy'"

  7. Power Comm'n v. Hope Gas Co.

    320 U.S. 591 (1944)   Cited 1,060 times   5 Legal Analyses
    Holding that a return rate of 6.5% was "just and reasonable"

  8. Allied-Signal, v. U.S. Nuclear Reg. Com'n

    988 F.2d 146 (D.C. Cir. 1993)   Cited 342 times   4 Legal Analyses
    Holding that in determining whether to vacate regulations that violate the APA, a court should consider “the seriousness of the [rule's] deficiencies (and thus the extent of doubt whether the agency chose correctly) and the disruptive consequences of an interim change that may itself be changed.”

  9. Ass'n of Private Sector Coll. & Univs. v. Duncan

    681 F.3d 427 (D.C. Cir. 2012)   Cited 107 times   3 Legal Analyses
    Holding that an agency may not "reinterpret regulation in a way the text does not support"

  10. Research v. U.S. Dep't of Health & Human Servs.

    43 F. Supp. 3d 28 (D.D.C. 2014)   Cited 69 times   6 Legal Analyses
    Stating that "[c]ourts in this jurisdiction have frequently taken judicial notice of information posted on official public websites of government agencies," and collecting cases

  11. Section 9301 - Definitions

    46 U.S.C. § 9301   Cited 18 times

    In this chapter- (1) "Canadian registered pilot" means an individual (except a regular crewmember of a vessel) who is registered by Canada on the same basis as an individual registered under section 9303 of this title. (2) "Great Lakes" means Lakes Superior, Michigan, Huron, Erie, and Ontario, their connecting and tributary waters, the Saint Lawrence River as far east as Saint Regis, and adjacent port areas. (3) "United States registered pilot" means an individual (except a regular crewmember of

  12. Section 9303 - United States registered pilot service

    46 U.S.C. § 9303   Cited 12 times

    (a) The Secretary shall prescribe by regulation standards of competency to be met by each applicant for registration under this chapter. An applicant must- (1) have a license as master, mate, or pilot issued under section 7101 of this title; (2) have acquired at least 24 months licensed service or equivalent experience on vessels or integrated towing vessels and tows of at least 4,000 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of

  13. Section 9302 - Great Lakes pilots required

    46 U.S.C. § 9302   Cited 11 times

    (a) (1) Except as provided in subsections (d), (e), and (f) of this section, each vessel of the United States operating on register and each foreign vessel shall engage a United States or Canadian registered pilot for the route being navigated who shall- (A) in waters of the Great Lakes designated by the President, direct the navigation of the vessel subject to the customary authority of the master; and (B) in waters of the Great Lakes not designated by the President, be on board and available to

  14. Section 9304 - Pilotage pools

    46 U.S.C. § 9304   Cited 6 times

    (a) The Secretary may authorize the formation of a pool by a voluntary association of United States registered pilots to provide for efficient dispatching of vessels and rendering of pilotage services. (b) For pilotage pools, the Secretary may- (1) limit the number of the pools; (2) prescribe regulations for their operation and administration; (3) prescribe a uniform system of accounts; (4) perform audits and inspections; and (5) require coordination on a reciprocal basis with similar pool arrangements