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Class_Presentation_20 - Class 20 EX PARTE COMMUNICATIONS...

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Unformatted text preview: Class 20 EX PARTE COMMUNICATIONS Agencies v. Courts PATCO v. FLRA (D.C. Cir 1982) 557(d) who are “interested persons” (Sec Lewis and Albert Shanker) ALJ Vittone – forbidden no effect of Shanker contacts FLRA upheld Sangamon Valley v. USC (D.C. 1959) NCRM proceeding over station license – ex parte rules apply to “competing claims to a valuable privilege” despite form of process. HBO v. FCC (D.C. Cir 1977) Valuable privilege IRM leads to a failure of the public record and contracts must cease. ACT v. FCC (D.C. Cir 1977) No valuable privilege, no ex parte dispute HBO and Overton Park. SIERRA CLUB V. COSTLE (D.C. Cir 1981) SIERRA IRM by EPA over emission controls for coal IRM fired power plant, contracts by Congress and White House White (OMB) – Docket comments rather than prevent (OMB) §307(d) whole record request XO12,866 amended accordingly compare WH contracts in adjudicatory proceedings. contracts ...
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