Regulatory Reform Legislation of 1981: Hearings Before the Committee on Governmental Affairs, United States Senate, Ninety-seventh Congress, First Session, on S. 344 and S. 1080, May 12 and June 23, 1981U.S. Government Printing Office, 1982 - 839 páginas |
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Resultados 1-5 de 100
Página 9
... court intervention inherent in the revision of the Administrative Procedure Act , both with regard to presumptions of agency exper- tise and the prospective review by courts of agency compliance with legislative requirements . Section 3 ...
... court intervention inherent in the revision of the Administrative Procedure Act , both with regard to presumptions of agency exper- tise and the prospective review by courts of agency compliance with legislative requirements . Section 3 ...
Página 86
... Court's decision in Vermont Yankee , as well as decisions by other panels of the D.C. Circuit , cast considerable doubt on the correctness and applicability of these court - fashioned ' ex parte ' rules to the present circumstances ...
... Court's decision in Vermont Yankee , as well as decisions by other panels of the D.C. Circuit , cast considerable doubt on the correctness and applicability of these court - fashioned ' ex parte ' rules to the present circumstances ...
Página 88
... court of last resort in light of the Supreme Court's limited docket . We conclude that neither the ex parte contacts doctrine nor 88.
... court of last resort in light of the Supreme Court's limited docket . We conclude that neither the ex parte contacts doctrine nor 88.
Página 89
... court perceived to be a general need to ensure rationality and fairness in agency decision processes . In a broadly worded dictum , the court stated that such communications would be improper even if the FCC disclosed them in the ...
... court perceived to be a general need to ensure rationality and fairness in agency decision processes . In a broadly worded dictum , the court stated that such communications would be improper even if the FCC disclosed them in the ...
Página 90
... Court severely undermined the Home Box Office doctrine . It held that , absent exceptional circumstances , a reviewing court may not impose special rulemaking procedures beyond those set forth in the APA . We believe that Vermont Yankee ...
... Court severely undermined the Home Box Office doctrine . It held that , absent exceptional circumstances , a reviewing court may not impose special rulemaking procedures beyond those set forth in the APA . We believe that Vermont Yankee ...
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Términos y frases comunes
Administrative Procedure Act agency action agency rulemaking agency's amendment authority believe benefits bill Budget Chairman ROTH Clean Air Act Commission Committee compliance concerned Congress congressional constitutional cost-benefit analysis costs court D.C. Cir decision decisionmaking delay delegated Department deregulation determine economic effect ex parte contacts executive branch Executive Order 12291 factual Federal final rule Governmental Affairs Home Box Office implementation independent agencies industry informal rulemaking involved issue judicial review legislative veto limited major rules OSHA oversight policymaking President presidential problem proceedings promulgated proposed rule provisions question record regulations regulatory agencies regulatory analysis regulatory impact regulatory impact analysis regulatory process regulatory reform regulatory relief requirements responsibility role rulemaking process safety section 553 Senator LEVIN Senator RUDMAN specific staff standards statement statute statutory substantial supra note Task Force tion Vermont Yankee views White House
Pasajes populares
Página 483 - When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority, or in which its distribution is uncertain.
Página 434 - When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter.
Página 450 - Major rule" means any regulation that is likely to result in: (1) An annual effect on the economy of $100 million or more; (2) A major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (3) Significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic or export markets.
Página 150 - ... avail itself of experience, to exercise its reason, and to accommodate its legislation to circumstances.
Página 314 - That no additive shall be deemed to be safe If It Is found to Induce cancer when Ingested by man or animal, or If It is found, after tests which are appropriate * for the evaluation of the safety of food additives, to Induce cancer In man or animal...
Página 434 - When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate.
Página 494 - In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
Página 802 - Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
Página 774 - B. contrary to constitutional right, power, privilege, or immunity; C. in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; D. without observance of procedure required by law; E. unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or F.
Página 431 - The President's power, if any, to issue the order must stem either from an act of Congress or from the Constitution itself. There is no statute that expressly authorizes the President to take possession of property as he did here. Nor is there any act of Congress to which our attention has been directed from which such a power can fairly be implied.