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In the Matter of New York Statewide Coalition of Hispanic Chambers of Commerce, et al., Respondents,v.The New York City Department of Health and Mental Hygiene, et al., Appellants.

Brief

56 Cited authorities

  1. Massachusetts v. Environmental Protection Agency

    549 U.S. 497 (2007)   Cited 1,157 times   97 Legal Analyses
    Holding that denials of petitions for rulemaking are judicially reviewable

  2. Food & Drug Administration v. Brown & Williamson Tobacco Corp.

    529 U.S. 120 (2000)   Cited 1,503 times   40 Legal Analyses
    Holding that Congress had not yet empowered the FDA to regulate tobacco products

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

    556 U.S. 502 (2009)   Cited 1,043 times   21 Legal Analyses
    Holding that agencies may not change their policies "sub silentio "

  4. Mistretta v. United States

    488 U.S. 361 (1989)   Cited 1,920 times   10 Legal Analyses
    Holding that Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq., and 28 U.S.C. § 991 et seq., did not result in Executive's wielding legislative powers, despite either House's power to block Act's passage

  5. Whitman v. American Trucking Assns., Inc.

    531 U.S. 457 (2001)   Cited 1,090 times   27 Legal Analyses
    Holding that Chevron deference is due only to a " reasonable interpretation made by the administrator of an agency"

  6. City of Arlington v. Fed. Commc'ns Comm'n

    569 U.S. 290 (2013)   Cited 560 times   11 Legal Analyses
    Holding that Chevron applies to questions about the scope of an agency's statutory authority

  7. Williamson v. Lee Optical Co.

    348 U.S. 483 (1955)   Cited 2,201 times
    Holding that, absent invidious discrimination, government may further its legitimate interests incrementally

  8. United States v. Price

    361 U.S. 304 (1960)   Cited 368 times   1 Legal Analyses
    Holding that “the views of a subsequent Congress form a hazardous basis for inferring the intent of an earlier one”

  9. Nat. Broadcasting Co. v. U.S.

    319 U.S. 190 (1943)   Cited 521 times   1 Legal Analyses
    Holding that the Communication Act's public interest standard is sufficiently definite to overcome a challenge under the nondelegation doctrine

  10. Matter of Medical Society of the State v. Serio

    100 N.Y.2d 854 (N.Y. 2003)   Cited 249 times
    Holding that a provision in New York Insurance Law providing that “[t]he superintendent shall have the power to prescribe and from time to time withdraw or amend, in writing, regulations, not inconsistent with the provisions of [the Insurance Law] ... does not cede to the executive branch fundamental legislative or policymaking authority, which remains at all times with the Legislature”

  11. Section 7803 - Questions raised

    N.Y. CPLR 7803   Cited 4,933 times
    Listing the “only questions” that may be raised in an Article 78 proceeding

  12. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 567 times   59 Legal Analyses
    Setting labeling requirements for food products

  13. Section 2801-A - Establishment or incorporation of hospitals

    N.Y. Pub. Health Law § 2801-A   Cited 65 times   3 Legal Analyses
    Establishing that any “new” medical technology must first proceed through a demonstration project approved by the Public Health Council of the NYDOH

  14. Section 364 - Responsibility for standards

    N.Y. Soc. Serv. Law § 364   Cited 21 times

    To assure that the medical care and services rendered pursuant to this title are of the highest quality and are available to all who are in need, the responsibility for establishing and maintaining standards for medical care and eligibility shall be as follows: 1. The department of social services shall be responsible for (a) determining eligibility for care and services pursuant to this title and consistent with standards established by the commissioner of the department of health and, as authorized