Legal Opinion
Glycine & More, Inc. v. United States
Court of Appeals for the Federal Circuit
Decided January 23, 2018No. 2017-1312PublishedCited by 11 opinions
1Opinion of the Court
Plager, Circuit Judge.
This case turns on an important principle in administrative law, involving a basic tenet of the Administrative Procedure Act (hereafter “APA”), to which the defendant agency, the Department of Commerce, is subject. See generally 5 U.S.C. §§ 551 et seq. The question presented is—can an agency regulation, previously adopted by formal notice-and-comment rulemaking procedure pursuant to the APA, be amended by a guidance document that is not so enacted? The case comes to us on appeal from a decision of the United States Court of International Trade (“CIT”).
Defendant-appellant…
2Cases cited7 opinions
- Christensen v. Harris CountySupreme Court of the United States · 2000
- John F. Roberto v. Department of the NavyCourt of Appeals for the Federal Circuit · 2006
- Tesoro Hawaii Corporation, Tesoro Alaska Company and Hermes Consolidated, Inc., D/B/A Wyoming Refining Company v. United StatesCourt of Appeals for the Federal Circuit · 2005
- Gibson v. United StatesSupreme Court of the United States · 1904
- Ad Hoc Shrimp Trade Action Committee v. United StatesCourt of Appeals for the Federal Circuit · 2008
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Soc Trang Seafood Joint Stock Co. v. United StatesUnited States Court of International Trade · 2018
- Diamond Sawblades Mfrs.' Coal. v. United StatesUnited States Court of International Trade · 2018
- GODACO Seafood Joint Stock Co. v. United StatesUnited States Court of International Trade · 2020
- YC Rubber Co. (North Am.) LLC v. United StatesUnited States Court of International Trade · 2020
- Diamond Sawblades Manufacturers' Coal. v. United StatesUnited States Court of International Trade · 2019
6 more not listed; retrieve them via the Exa API.