Legality of Statutory Schemes

• Commodity Futures Trading Commission v. Schor (1986)
  Commodity Futures Trading Commission v. Schor
  Commodity Futures Trading Commission v. Schor, 478 U.S. 833 , was a case in which the Supreme Court of the United States held an administrative agency may, in some cases, exert jurisdiction over state-law counterclaims.-Background:...
  
   - Delegation of judicial power to an agency.
• Whitman v. American Trucking Associations, Inc. (2001)
  Whitman v. American Trucking Associations, Inc.
  Whitman v. American Trucking Associations, Inc., , was a case decided by the United States Supreme Court in which the Environmental Protection Agency's National Ambient Air Quality Standard for regulating ozone and particulate matter was challenged by the American Trucking Association along with...
  
   - delegation of legislative-like authority must be governed by an "intelligible principle."
• Immigration and Naturalization Service v. Chadha (1983)
  Immigration and Naturalization Service v. Chadha
  Immigration and Naturalization Service v. Chadha, 462 U.S. 919 , was a United States Supreme Court case ruling in 1983 that the one-house legislative veto violated the constitutional separation of powers.-Parties:...
  
  - Congress may not reserve a "legislative veto" over delegated authority.
• Morrison v. Olson (1988)
  Morrison v. Olson
  Morrison v. Olson, 487 U.S. 654 , was a case that went before the Supreme Court of the United States. By a 7 to 1 margin, the Court ruled that the Independent Counsel Act was constitutional...
  
   - Congressional control over executive branch limitations.
• Printz v. United States (1997)
  Printz v. United States
  Printz v. United States, 521 U.S. 898 , was a United States Supreme Court ruling that established the unconstitutionality of certain interim provisions of the Brady Handgun Violence Prevention Act.-The Gun Control Act of 1968:...
  
   - Federal Government may not "commandeer" state executive or administrative officials.
• Gade v. National Solid Wastes Management Association (1992)
  Gade v. National Solid Wastes Management Association
  In Gade v. National Solid Wastes Management Association, 505 U.S. 88 , the United States Supreme Court determined that federal Occupational Safety and Health Administration regulations preempted various Illinois provisions for licensing workers who handled hazardous waste...
  
   - Ways in which Federal law preempts state law.

Appropriate Deference to Agency

• Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984)
  Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.
  Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 , was a case in which the United States Supreme Court set forth the legal test for determining whether to grant deference to a government agency's interpretation of a statute which it administers...
  
   - What level of deference should an agency's interpretation of its own statute receive in areas where such interpretations were intended by Congress to have the "force of law"?
• Citizens to Preserve Overton Park v. Volpe (1971)
  Citizens to Preserve Overton Park v. Volpe
  Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 , is a decision by the Supreme Court of the United States that established the basic legal framework for judicial review of the actions of administrative agencies...
  
   - Important case applying the "arbitrary and capricious" review to rulemaking.
• United States v. Mead Corp. (2001)
  United States v. Mead Corp.
  United States v. Mead Corp., , was a case heard before the United States Supreme Court, which revolved around the issue of when and where the Chevron Doctrine could be applied.-Background:...
  
   - What level of deference should an agency's interpretation receive when not intended to have the "force of law"? How to decide if Congress intended to have the "force of law"?
• Auer v. Robbins (1997)
  Auer v. Robbins
  Auer v. Robbins, 519 U.S. 452 , is a United States Supreme Court case that deals with overtime pay. The question before the court was “Must sergeants and lieutenants in the St. Louis Police Department be paid for working overtime according to relevant provisions found in the Fair Labor Standards...
  
   - How much deference should an agency interpretation of its own regulations get?
• Skidmore v. Swift & Co. (1944)
  Skidmore v. Swift & Co.
  Skidmore v. Swift & Co., 323 U.S. 134 was a United States Supreme Court decision that held that an administrative agency's interpretative rules will be given deference according to their persuasiveness.-Background of the case:...
  
   - deference to agency "rules" and interpretations not intended by Congress to carry the "force of law."
• Universal Camera Corp. v. NLRB (1951) - Court must consider ALJ's contrary ruling when reviewing agency ruling.
• Motor Vehicle Manufactures Association v. State Farm Insurance (1983) - "arbitrary and capricious" to change rule without considering other options for the change.
• Martin v. Occupational Safety and Health Review Commission (1991) - When adjudication and rule-making power is split between two agencies, court should defer to rule-making agency's interpretations.
• Norton v. S. Utah Wilderness Alliance (2004)
  Norton v. S. Utah Wilderness Alliance
  Although the Administrative Procedure Act says that a person may challenge an agency's failure to act, this provision essential just carries forward the writ of mandamus. Thus an agency cannot be compelled to act unless there is some non-discretionary, discrete act...
  
   - Under APA, court can only force the agency to act when it has failed to act when the required act is non-discretionary in nature.
• Block v. Community Nutrition Institute (1984) - presumption of court reviewability overcome when statutory scheme indicates no congressional intent to create a private right.
• Bowen v. Michigan Academy of Family Physicians (1986) Statutory presumption of reviewability not overcome.
• Webster v. Doe (1988)
  Webster v. Doe
  Webster v. Doe, 486 U.S. 592 , is a case decided by the United States Supreme Court that presented statutory and constitutional claims by a former CIA employee who alleged that his termination was the result of discrimination based on sexual orientation.The National Security Act of 1947 authorizes...
  
   - may not review agency action where "no law to apply."
• Richardson v. Perales
  Richardson v. Perales
  Richardson v. Perales, 402 U.S. 389 , was a case heard by the United States Supreme Court to determine and delineate several questions concerning administrative procedure in Social Security disability cases...
  
  - agency may rely on hearsay evidence over non-hearsay evidence and still meet the "substantial evidence" requirement for proving a fact.

Limits on Agency Power

• FDA v. Brown & Williamson Tobacco Corp. (2000)
  FDA v. Brown & Williamson Tobacco Corp.
  FDA v. Brown & Williamson Tobacco Corp., is an important case in the development of American administrative law.-Legal principle:The scope of authority held by an agency is determined by the agency's organic statute...
  
   - Existence and scope of authority to rule-make (applying Chevron).

The Administrative Procedure Act

• United States v. Florida East Coast Railway Co. (1973)
  United States v. Florida East Coast Railway Co.
  United States v. Florida East Coast Railway Co., was a case decided by the United States Supreme Court.Due to a chronic freight car shortage, Congress had enlarged the scope of the Interstate Commerce Commission's authority to prescribe per diem rate charges for the use of one company's freight...
  
   - formal rule-making requires statute that requires "hearing on the record."
• Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. (1978) - courts may not impose additional procedural requirements on top of the Administrative Procedure Act in rulemaking.
• Pension Benefit Guaranty Corporation v. LTV Corporation (1990) - informal adjudication must meet the requirements of Administrative Procedure Act sec. 555.

Procedural Due Process

• Goldberg v. Kelly (1970)
  Goldberg v. Kelly
  Goldberg v. Kelly, 397 U.S. 254 , is a case in which the United States Supreme Court ruled that the Due Process Clause of the Fourteenth Amendment to the United States Constitution requires an evidentiary hearing before a recipient of certain government benefits can be deprived of such benefits...
  
   - When does state or federal law create rights protected by due process?
• Mathews v. Eldridge (1976)
  Mathews v. Eldridge
  Mathews v. Eldridge, , is a case in which the United States Supreme Court held that individuals have a statutorily granted property right in social security benefits, that the termination of those benefits implicates due process, but that the termination of Social Security benefits does not require...
  
   - What level of procedural due process is required?
• Londoner v. City and County of Denver (1908)- Due process requirements for adjudication (c.f. Bimetallic)
• Bi-Metallic Investment Co. v. State Board of Equalization (1915) - Due process require for rule-making.

Limits on Power to Make Policy Through Adjudication

• NLRB v. Wyman-Gordon Co. (1969) - making "rules" through adjudication.
• NRLB v. Bell-Aerospace Co. (1974 - can make "rules" through adjudication as long as not abuse of discretion.
• SEC v. Chenery Corp. (1947)
  SEC v. Chenery Corp.
  SEC v. Chenery Corp., 332 U.S. 194 , is a case, often cited in administrative law-Background:A federal water company was accused of illegal stock manipulation....
  
   - Impermissible creation of retroactive "rules" through adjudication.
• U.S. v. Storer Broadcasting Co. (1956) - agency can make regulations particularizing statute in order to bar some claims at the threshold.