17 Cited authorities

Florida Power Light Co. v. Lorion
470 U.S. 729 (1985) Cited 1,918 times 1 Legal Analyses
Holding that the Hobbs Act vests in the court of appeals initial judicial review authority over an NRC order denying a petition under 10 C.F.R. § 2.206 for suspension of an operating license
Camp v. Pitts
411 U.S. 138 (1973) Cited 1,983 times 1 Legal Analyses
Holding that "the focal point for judicial review" of whether agency action is arbitrary and capricious "should be the administrative record already in existence, not some new record made initially in the reviewing court"
James Madison Ltd., by Hecht v. Ludwig
82 F.3d 1085 (D.C. Cir. 1996) Cited 710 times
Holding that the right to due process did not require a hearing before the government seized banks and allowed the FDIC to liquidate the banks
Mashpee Wampanoag Tribal Council v. Norton
336 F.3d 1094 (D.C. Cir. 2003) Cited 344 times
Holding that "the district court erred by disregarding the importance of there being ‘competing priorities’ for limited resources"
CTS Corp. v. Environmental Protection Agency
759 F.3d 52 (D.C. Cir. 2014) Cited 142 times
Concluding that petitioner's reliance on post-decision expert report critiquing methodology used by EPA to evaluate groundwater contamination at a hazardous waste site was "procedurally foreclosed"
Theodore Roosevelt Conservation v. Salazar
616 F.3d 497 (D.C. Cir. 2010) Cited 153 times
Holding that it is not “arbitrary and capricious for the [agency] to omit from its cumulative impact analysis other projects for which nothing had been completed except notices of intent, each published after the ... draft EIS had been released.”
IMS, P.C. v. Alvarez
129 F.3d 618 (D.C. Cir. 1997) Cited 106 times
Affirming the district court's decision to strike affidavits not in the agency record based on the appellant's failure to show that "the agency failed to examine all relevant factors or to adequately explain its grounds for decision, or that the agency acted in bad faith or engaged in improper behavior"
Cape v. U.S. Dept. of Interior
667 F. Supp. 2d 111 (D.D.C. 2009) Cited 63 times
Finding that references to a biological opinion in the record do "not prove that it was before the agency when it made its decision"
SAN LUIS OBISPO MOTHERS v. U.S. NUC. REG
789 F.2d 26 (D.C. Cir. 1986) Cited 121 times
Holding that the "position of an agency's staff, taken before the agency itself decided the point, does not invalidate the agency's subsequent application and interpretation of its own regulation"
Air Transp. Ass'n of America, Inc. v. Nat'l Mediation Bd.
663 F.3d 476 (D.C. Cir. 2011) Cited 54 times 1 Legal Analyses
Affirming denial of extra-record discovery regarding prejudgment where evidence of "intra-agency discord" prior to new rule's promulgation did not show prejudgment and legitimate reasons explained delay in union election that resulted in new rule's application
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 50,778 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Rule 45 - Subpoena
Fed. R. Civ. P. 45 Cited 17,328 times 112 Legal Analyses
Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

COMMITTEE OF 100 ON THE FEDERAL CITY v. FOXX et al

17 Cited authorities

Holding that the Hobbs Act vests in the court of appeals initial judicial review authority over an NRC order denying a petition under 10 C.F.R. § 2.206 for suspension of an operating license

Holding that "the focal point for judicial review" of whether agency action is arbitrary and capricious "should be the administrative record already in existence, not some new record made initially in the reviewing court"

Holding that the right to due process did not require a hearing before the government seized banks and allowed the FDIC to liquidate the banks

Holding that "the district court erred by disregarding the importance of there being ‘competing priorities’ for limited resources"

Concluding that petitioner's reliance on post-decision expert report critiquing methodology used by EPA to evaluate groundwater contamination at a hazardous waste site was "procedurally foreclosed"

Holding that it is not “arbitrary and capricious for the [agency] to omit from its cumulative impact analysis other projects for which nothing had been completed except notices of intent, each published after the ... draft EIS had been released.”

Finding that references to a biological opinion in the record do "not prove that it was before the agency when it made its decision"

Holding that the "position of an agency's staff, taken before the agency itself decided the point, does not invalidate the agency's subsequent application and interpretation of its own regulation"

Affirming denial of extra-record discovery regarding prejudgment where evidence of "intra-agency discord" prior to new rule's promulgation did not show prejudgment and legitimate reasons explained delay in union election that resulted in new rule's application

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"