Legal Opinion

Riverbend Farms, Inc. v. Madigan

Court of Appeals for the Ninth Circuit

Decided March 17, 1992No. Nos. 90-15505, 90-15781PublishedCited by 86 opinions

1Opinion of the Court

KOZINSKI, Circuit Judge.

Procedure, not substance, is what most distinguishes our government from others. In the not-so-distant past, a government agency in the Soviet Union could impose controls on the production of commodities without bothering to involve the public in the decisionmaking process. By contrast, a government agency in the United States must usually give notice to, and accept comments from, the public before undertaking to place manacles on the invisible hand. 5 U.S.C. § 553. In this case, we address some of the details of this notice and comment requirement.

Background

Plaintiffs…

2Cases cited13 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. Sunshine Anthracite Coal Co. v. AdkinsSupreme Court of the United States · 1940
  3. Braniff Airways, Incorporated v. Civil Aeronautics Board, Eastern Air Lines, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1967
  4. Bishop v. FurtadoSupreme Court of the United States · 1980
  5. Charles A. Buschmann v. Richard S. Schweiker , Secretary of the United States Department of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1982

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3Cited by86 opinions

  1. Hollingsworth v. PerrySupreme Court of the United States · 2010
  2. State of California v. the Little Sisters of the PoorCourt of Appeals for the Ninth Circuit · 2018
  3. East Bay Sanctuary Covenant v. Donald TrumpCourt of Appeals for the Ninth Circuit · 2018
  4. East Bay Sanctuary Covenant v. Donald TrumpCourt of Appeals for the Ninth Circuit · 2020
  5. Paulsen v. DanielsCourt of Appeals for the Ninth Circuit · 2005

81 more not listed; retrieve them via the Exa API.

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