Legal Opinion
United States v. Concepcion Picciotto
Court of Appeals for the D.C. Circuit
Decided May 23, 1989No. 87-3084PublishedCited by 43 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge MIKVA.
MIKVA, Circuit Judge:
Appellant Concepcion Picciotto was convicted of violating a rule promulgated by the United States Park Service. She was given a suspended sentence and probation. We reverse. The case turns on the ability of a government agency to exempt itself from the rulemaking requirements of the Administrative Procedure Act (“APA”). We find that the APA, in balancing the goals of agency efficiency and open, informed government, permits agencies to bypass the established procedures only under certain express circumstances. The way in…
2Cases cited10 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Federal Election Commission v. Democratic Senatorial Campaign CommitteeSupreme Court of the United States · 1981
- Richard A. Batterton, Secretary of Employment & Social Services of the State of Maryland v. F. Ray Marshall, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1980
- American Hospital Association v. Otis R. Bowen, Secretary, H.H.S.Court of Appeals for the D.C. Circuit · 1987
- General Motors Corporation, a Delaware Corporation v. William D. Ruckelshaus, Administrator, United States Environmental Protection Agency, (3 Cases)Court of Appeals for the D.C. Circuit · 1984
5 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- State of Texas v. USACourt of Appeals for the Fifth Circuit · 2015
- Reymundo Mendoza v. Thomas PerezCourt of Appeals for the D.C. Circuit · 2014
- Paralyzed Veterans of America, Appellees/cross-Appellants v. D.C. Arena L.P., a District of Columbia Limited Partnership, Appellants/cross-AppelleesCourt of Appeals for the D.C. Circuit · 1997
- Iowa League of Cities v. Environmental Protection AgencyCourt of Appeals for the Eighth Circuit · 2013
- United States v. JohnsonCourt of Appeals for the Fifth Circuit · 2011
38 more not listed; retrieve them via the Exa API.