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ASSOCIATED BUILDERS AND CONTRACTORS, INC. v. SHIU et al

Memorandum in opposition to re MOTION for Summary Judgment

92 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,037 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

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

    463 U.S. 29 (1983)   Cited 6,654 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]'"

  3. United States v. Mead Corp.

    533 U.S. 218 (2001)   Cited 2,599 times   30 Legal Analyses
    Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"

  4. Norton v. Southern Utah Wilderness Alliance

    542 U.S. 55 (2004)   Cited 1,480 times   6 Legal Analyses
    Holding that agency can be compelled to act if time period is specified by law

  5. Fed. Commc'ns Comm'n v. Fox Television Stations, Inc.

    556 U.S. 502 (2009)   Cited 1,053 times   21 Legal Analyses
    Holding that agencies may not change their policies "sub silentio "

  6. National Cable Telecom. Assn. v. Brand X Internet S

    545 U.S. 967 (2005)   Cited 1,178 times   41 Legal Analyses
    Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

  7. Reno v. Koray

    515 U.S. 50 (1995)   Cited 1,056 times   1 Legal Analyses
    Holding that BOP program statements are entitled to "some deference" when they reflect a "permissible construction of the statute"

  8. Rust v. Sullivan

    500 U.S. 173 (1991)   Cited 867 times   3 Legal Analyses
    Holding that a "longstanding" agency interpretation was no longer entitled to Chevron deference given that the agency had changed its position on the issue

  9. Chrysler Corp. v. Brown

    441 U.S. 281 (1979)   Cited 1,286 times   8 Legal Analyses
    Holding that a regulation may have "the force and effect of law" if: it enacts substantive rules affecting individual rights and obligations, and is not merely an interpretive rule or general policy statement; Congress has delegated "quasi-legislative" power to the agency; and the regulation is valid, i.e., the agency has followed applicable procedures such as the Administrative Procedure Act

  10. Babbitt v. Sweet Home Chap., Coms. for Great Ore

    515 U.S. 687 (1995)   Cited 528 times   7 Legal Analyses
    Holding that EPA's interpretation of a statute was reasonable and deserving of deference even though the statute was criminally enforced

  11. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,455 times   65 Legal Analyses
    Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,510 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,405 times   36 Legal Analyses
    Adopting the definition given in Section 551

  14. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,098 times   148 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  15. Section 151 - Definitions; short title

    45 U.S.C. § 151   Cited 2,948 times   7 Legal Analyses
    Defining "minor dispute" as disputes "growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions."

  16. Section 637 - Additional powers

    15 U.S.C. § 637   Cited 333 times   36 Legal Analyses
    Conferring presumptive eligibility on anyone "found to be disadvantaged . . . pursuant to section 8 of the Small Business Act"

  17. Section 793 - Employment under Federal contracts

    29 U.S.C. § 793   Cited 254 times   7 Legal Analyses
    Requiring certain federal contractors to "take affirmative action to employ and advance in employment qualified individuals with disabilities"

  18. Section 601 - Definitions

    5 U.S.C. § 601   Cited 193 times   5 Legal Analyses
    Defining a "small entity" to mean, as relevant here, a "small organization"

  19. Section 604 - Final regulatory flexibility analysis

    5 U.S.C. § 604   Cited 118 times   1 Legal Analyses
    Delineating the requirement that the agency conduct an analysis on minimizing the significant economic impact of the rule on small entities and that the agency design mechanisms to minimize any adverse consequences

  20. Section 611 - Judicial review

    5 U.S.C. § 611   Cited 92 times   2 Legal Analyses
    Permitting judicial review of a claim that an agency failed to comply with the requirements of, among other provisions of the RFA, 5 U.S.C. § 605(b)

  21. Section 60-1.2 - Administrative responsibility

    41 C.F.R. § 60-1.2   Cited 27 times   1 Legal Analyses

    The Director has been delegated authority and assigned responsibility for carrying out the responsibilities assigned to the Secretary under the Executive order. All correspondence regarding the order should be directed to the Director, Office of Federal Contract Compliance Programs, Employment Standards Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. 41 C.F.R. §60-1.2 43 FR 49240, Oct. 20, 1978, as amended at 62 FR 66971, Dec. 22, 1997

  22. Section 60-1.40 - Affirmative action programs

    41 C.F.R. § 60-1.40   Cited 27 times   1 Legal Analyses
    Identifying federal employers which must comply with development and implementation of affirmative action plans

  23. Section 60-1.7 - Reports and other required information

    41 C.F.R. § 60-1.7   Cited 21 times   20 Legal Analyses

    (a)Requirements for prime contractors and subcontractors. (1) Each prime contractor and subcontractor shall file annually, on or before the September 30, complete and accurate reports on Standard Form 100 (EEO-1) promulgated jointly by the Office of Federal Contract Compliance Programs, the Equal Employment Opportunity Commission and Plans for Progress or such form as may hereafter be promulgated in its place if such prime contractor or subcontractor (i) is not exempt from the provisions of these

  24. Section 60-741.2 - Definitions

    41 C.F.R. § 60-741.2   Cited 16 times   2 Legal Analyses
    Implementing Rehabilitation Act of 1973

  25. Section 60-741.1 - Purpose, applicability, and construction

    41 C.F.R. § 60-741.1   Cited 6 times   1 Legal Analyses

    (a)Purpose. The purpose of this part is to set forth the standards for compliance with section 503 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 793 ), which prohibits discrimination against individuals with disabilities and requires Government contractors and subcontractors to take affirmative action to employ and advance in employment qualified individuals with disabilities. (b)Applicability. This part applies to all Government contracts and subcontracts in excess of $10,000 for the

  26. Section 60-741.42 - Invitation to self-identify

    41 C.F.R. § 60-741.42   Cited 2 times   3 Legal Analyses

    (a)Pre-offer. (1) As part of the contractor's affirmative action obligation, the contractor shall invite applicants to inform the contractor whether the applicant believes that he or she is an individual with a disability as defined in § 60-741.2(g)(1)(i) or (ii). This invitation shall be provided to each applicant when the applicant applies or is considered for employment. The invitation may be included with the application materials for a position, but must be separate from the application. (2)

  27. Section 60-741.40 - General purpose and applicability of the affirmative action program requirement

    41 C.F.R. § 60-741.40   Cited 2 times   4 Legal Analyses

    (a)General purpose. An affirmative action program is a management tool designed to ensure equal employment opportunity and foster employment opportunities for individuals with disabilities. An affirmative action program institutionalizes the contractor's commitment to equality in every aspect of employment and is more than a paperwork exercise. An affirmative action program is dynamic in nature and includes measurable objectives, quantitative analyses, and internal auditing and reporting systems

  28. Section 60-4.3 - Equal opportunity clauses

    41 C.F.R. § 60-4.3   Cited 2 times   3 Legal Analyses

    (a) The equal opportunity clause published at 41 CFR 60-1.4(a) of this chapter is required to be included in, and is part of, all nonexempt Federal contracts and subcontracts, including construction contracts and subcontracts. The equal opportunity clause published at 41 CFR 60-1.4(b) is required to be included in, and is a part of, all nonexempt federally assisted construction contracts and subcontracts. In addition to the clauses described above, all Federal contracting officers, all applicants

  29. Section 60-4.2 - Solicitations

    41 C.F.R. § 60-4.2   Cited 2 times   7 Legal Analyses

    (a) All Federal contracting officers and all applicants shall include the notice set forth in paragraph (d) of this section and the Standard Federal Equal Employment Opportunity Construction Contract Specifications set forth in § 60-4.3 of this part in all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts to be performed in geographical areas designated by the Director pursuant to § 60-4.6 of the part. Administering agencies shall require

  30. Section 60-1.12 - Record retention

    41 C.F.R. § 60-1.12   Cited 1 times   15 Legal Analyses

    (a)General requirements. Any personnel or employment record made or kept by the contractor shall be preserved by the contractor for a period of not less than two years from the date of the making of the record or the personnel action involved, whichever occurs later. However, if the contractor has fewer than 150 employees or does not have a Government contract of at least $150,000, the minimum record retention period shall be one year from the date of the making of the record or the personnel action