56 Cited authorities

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

    529 U.S. 120 (2000)   Cited 1,223 times   23 Legal Analyses
    Holding that the FDA could not regulate tobacco because it was "plain that Congress ha[d] not given the FDA the authority that it s[ought] to exercise"
  2. Mistretta v. United States

    488 U.S. 361 (1989)   Cited 1,751 times   3 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
  3. Massachusetts v. Environmental Protection Agency

    549 U.S. 497 (2007)   Cited 849 times   77 Legal Analyses
    Holding that the Clean Air Act provided Massachusetts a procedural right to challenge the EPA's rulemaking and that Massachusetts suffered an injury in its capacity as a quasi-sovereign landowner due to rising sea levels associated with climate change
  4. Fed. Commc'ns Comm'n v. Fox Television Stations, Inc.

    556 U.S. 502 (2009)   Cited 760 times   17 Legal Analyses
    Holding that an agency must display awareness that it is changing its position, and explain what that change is, and the basis for it
  5. Whitman v. American Trucking Assns., Inc.

    531 U.S. 457 (2001)   Cited 828 times   19 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 380 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 2,121 times
    Holding that, absent invidious discrimination, government may further its legitimate interests incrementally
  8. United States v. Price

    361 U.S. 304 (1960)   Cited 353 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 490 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 216 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. C.P.L.R. § 7803   Cited 4,401 times
    Permitting a party to initiate a judicial proceeding to determine whether an agency "failed to perform a duty enjoined upon it by law," was "affected by an error of law," or made a "determination violation of lawful procedure"
  12. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 466 times   35 Legal Analyses
    Setting labeling requirements for food products
  13. Section 2801-A - Establishment or incorporation of hospitals

    N.Y. Public Health Law § 2801-A   Cited 59 times   2 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 17 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