Class_Presentation_17_2_ - Class 17 Formal adjudication How...

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Unformatted text preview: Class 17 Formal adjudication How transferred Under §554 “on the record after opportunity for agency hearing” “public hearing” enough? Sierra Club v. Costle (1st Cir 1978) Court interprets CWA request for “public hearing” to trigger formal adjudication under §554, 556-57. Dominion Energy (1st 2006) Court accepts, after Chevron, EPA rule that redefines “public hearing” as exempt from formal adjudication request, per Brand X. Seacoast v. Costle Can constitution supply requirement? Wong Yang Sung (yes?) What of Chevron – shouldn’t agency choose Formal Rulemaking Formal 556(d) evidence can be submitted in written form 556(d) NB in both cases, substantial evidence rule applies on review to a fixed record to Informal Rulemaking – 553(c) Notice, Comment, Reasons No record No subst. evidence review under APA (N.B. org. statute may require) NPRA v. FTC (D.C. 1973) NPRA subst. r.m. power under §6(g) subst. Why is this important? Why ...
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