Legal Opinion
United States v. Independent Bulk Transport, Inc.
District Court, S.D. New York
Decided October 4, 1979No. 78 Civ. 1482 (RWS)PublishedCited by 12 opinions
1Opinion of the Court
OPINION
SWEET, District Judge.
The cross motions for summary judgment now before this court present an issue of administrative procedural law made perplexing by the need to determine Congressional intent. What must be determined is whether the applicable procedural requirements of the Administrative Procedure Act (“APA”), 5 U.S.C. § 551 et seq., apply to a Coast Guard proceeding held pursuant to § 311(b) of the Federal Water Pollution Control Act Amendments of 1972 (“FWPCA”), 33 U.S.C. § 1321(b)(6).
The facts underlying the motion are not significantly disputed. On May 16, 1973, the T/B…
2Cases cited29 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
- United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
- Board of Curators of the University of Missouri v. HorowitzSupreme Court of the United States · 1978
24 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- John Buttrey and John Buttrey Developments, Inc. v. United States of AmericaCourt of Appeals for the Fifth Circuit · 1982
- City of West Chicago, Illinois v. United States Nuclear Regulatory Commission, Kerr-Mcgee Chemical Corporation, Intervening City of West Chicago v. United States Nuclear Regulatory Commission, Kerr-Mcgee Chemical Corporation and R.G. PageCourt of Appeals for the Seventh Circuit · 1983
- Harry J. Williams v. United States Department of Transportation and United States Coast GuardCourt of Appeals for the Eleventh Circuit · 1986
- City of West Chicago v. United States Nuclear Regulatory CommissionCourt of Appeals for the Seventh Circuit · 1983
- Petrousky v. United StatesDistrict Court, N.D. New York · 1990
7 more not listed; retrieve them via the Exa API.