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Yanofsky v. Department of Commerce

REPLY to opposition to motion re Cross MOTION for Summary Judgment

32 Cited authorities

  1. Reiter v. Sonotone Corp.

    442 U.S. 330 (1979)   Cited 1,158 times   7 Legal Analyses
    Holding that "injury to business or property" was not limited to commercial interests

  2. Securities Comm'n v. Chenery Corp.

    332 U.S. 194 (1947)   Cited 4,155 times   14 Legal Analyses
    Holding that reviewing court may consider only grounds invoked by agency

  3. Accardi v. Shaughnessy

    347 U.S. 260 (1954)   Cited 883 times
    Holding that Board of Immigration Appeals was required to follow its own regulations in deciding whether to suspend deportation

  4. Industrial Union Department v. American Petroleum Institute

    448 U.S. 607 (1980)   Cited 277 times   6 Legal Analyses
    Finding an unconstitutional delegation because "[i]t is difficult to imagine a more obvious example of Congress simply avoiding a choice which was both fundamental for purposes of the statute and yet politically so divisive that the necessary decision or compromise was difficult, if not impossible"

  5. Oglesby v. U.S. Dept. of Army

    79 F.3d 1172 (D.C. Cir. 1996)   Cited 245 times
    Finding the NSA's descriptions inadequate where the agency's declaration "offered no details regarding the [withheld] documents, but conclusively stated they were all currently and properly classified"

  6. Nuclear Energy Institute, Inc. v. E.P.A

    373 F.3d 1251 (D.C. Cir. 2004)   Cited 140 times   2 Legal Analyses
    Finding a petitioner living 18 miles from Yucca Mountain had standing

  7. Judicial Watch, Inc. v. Rossotti

    326 F.3d 1309 (D.C. Cir. 2003)   Cited 109 times
    Holding that fee-waiver applications must be “based on more than conclusory allegations”

  8. Steenholdt v. F.A.A

    314 F.3d 633 (D.C. Cir. 2003)   Cited 79 times
    Holding that the FAA's decision not to renew an aircraft examiner's authority is nonreviewable

  9. Stewart v. U.S. Dept. of Interior

    554 F.3d 1236 (10th Cir. 2009)   Cited 38 times
    Holding that consultant’s materials were properly withheld pursuant to Exemption 5 because "[f]or purposes of [a FOIA] analysis" the consultant "functioned akin to an agency employee"

  10. Larson v. C.I.A

    843 F.2d 1481 (D.C. Cir. 1988)   Cited 75 times
    Holding that information not before the agency "could not be considered by the district court"

  11. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,197 times   556 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

  12. Section 9701 - Fees and charges for Government services and things of value

    31 U.S.C. § 9701   Cited 56 times   2 Legal Analyses
    Requiring agency to consider "public policy or interest served"

  13. Section 1525 - Special studies; special compilations, lists, bulletins, or reports; clearinghouse for technical information; transcripts or copies; cost payments for special work; joint projects: cost apportionment, waiver

    15 U.S.C. § 1525   Cited 14 times

    The Secretary of Commerce is authorized, upon the request of any person, firm, organization, or others, public or private, to make special studies on matters within the authority of the Department of Commerce; to prepare from its records special compilations, lists, bulletins, or reports; to perform the functions authorized by section 1152 of this title; and to furnish transcripts or copies of its studies, compilations, and other records; upon the payment of the actual or estimated cost of such special

  14. Section 2116 - Legal status of reproductions; official seal; fees for copies and reproductions

    44 U.S.C. § 2116   Cited 5 times

    (a) When records that are required by statute to be retained indefinitely have been reproduced by photographic, microphotographic, digital, or other processes, in accordance with standards established by the Archivist the indefinite retention by the photographic, microphotographic, digital, or other reproductions constitutes compliance with the statutory requirement for the indefinite retention of the original records. The reproductions, as well as reproductions made under regulations to carry out

  15. Section 1152 - Clearinghouse for technical information; removal of security classification

    15 U.S.C. § 1152   Cited 3 times   1 Legal Analyses

    The Secretary of Commerce (hereinafter referred to as the "Secretary") is directed to establish and maintain within the Department of Commerce a clearinghouse for the collection and dissemination of scientific, technical, and engineering information, and to this end to take such steps as he may deem necessary and desirable- (a) To search for, collect, classify, coordinate, integrate, record, and catalog such information from whatever sources, foreign and domestic, that may be available; (b) To make

  16. Section 1153 - Rules, regulations, and fees

    15 U.S.C. § 1153   Cited 2 times

    The Secretary is authorized to make, amend, and rescind such orders, rules, and regulations as he may deem necessary to carry out the provisions of this chapter, and to establish, from time to time, a schedule or schedules of reasonable fees or charges for services performed or for documents or other publications furnished under this chapter. It is the policy of this chapter, to the fullest extent feasible and consistent with the objectives of this chapter, that each of the services and functions

  17. Section 1387 - Photographic reproductions and maps

    7 U.S.C. § 1387   Cited 1 times

    The Secretary may furnish reproductions of information such as geo-referenced data from all sources, aerial or other photographs, mosaics, and maps as have been obtained in connection with the authorized work of the Department to farmers and governmental agencies at the estimated cost of furnishing such reproductions, and to persons other than farmers at such prices as the Secretary may determine (but not less than the estimated costs of data processing, updating, revising, reformatting, repackaging

  18. Section 1708 - Prices for sales copies of publications; crediting of receipts; resale by dealers; sales agents

    44 U.S.C. § 1708   Cited 1 times

    The price at which additional copies of Government publications are offered for sale to the public by the Superintendent of Documents shall be based on the cost as determined by the Director of the Government Publishing Office plus 50 percent. A discount may be allowed as determined by the Superintendent of Documents, but the printing may not interfere with prompt execution of work for the Government. The Superintendent of Documents may prescribe terms and conditions under which he authorizes the

  19. Section 2122 - Powers and duties of Secretary of Commerce

    22 U.S.C. § 2122

    In order to carry out the national tourism policy established in section 2121(b) of this title and by the United States National Tourism Organization Act of 1996, the Secretary of Commerce (hereafter in this chapter referred to as the "Secretary") shall develop and implement a comprehensive plan to perform critical tourism functions which, in the determination of the Secretary, are not being carried out by the United States National Tourism Organization or other private sector entities or State governments

  20. Section 4.11 - Fees

    15 C.F.R. § 4.11   Cited 4 times

    (a)In general. Components shall charge fees for processing requests under the FOIA in accordance with paragraph (c) of this section, except where fees are limited under paragraph (d) of this section or when a waiver or reduction is granted under paragraph (l) of this section. A component shall collect all applicable fees before processing a request if a component determines that advance payment is required in accordance with paragraphs (i)(2) and (i)(3) of this section. If advance payment of fees