Legal Opinion

Preminger v. Secretary of Veterans Affairs

Court of Appeals for the Federal Circuit

Decided January 26, 2011No. 2009-7044PublishedCited by 22 opinions

1Opinion of the Court

Concurring opinion filed by Circuit Judge PLAGER.

2Per curiam

By law this court has authority to review directly certain specified actions, when challenged, of the Secretary of Veterans Affairs. 38 U.S.C. § 502. Pursuant to the statute, Steven Preminger seeks review by the court of the Secretary’s denial of his petition for rulemaking. Such petitions to the Secretary are authorized by 5 U.S.C. § 553(e). As part of his case, Mr. Preminger also challenges the validity of an internal directive issued by the Veterans Health Administration (“VHA”) that was relied upon by the Secretary in his denial of Mr.…

3Cases cited15 opinions

  1. Auer v. RobbinsSupreme Court of the United States · 1997
  2. Heckler v. ChaneySupreme Court of the United States · 1985
  3. Massachusetts v. Environmental Protection AgencySupreme Court of the United States · 2007
  4. Natural Resources Defense Council, Inc. v. Securities and Exchange CommissionCourt of Appeals for the D.C. Circuit · 1979
  5. American Horse Protection Association, Inc. v. Richard E. Lyng, Secretary, U.S. Department of AgricultureCourt of Appeals for the D.C. Circuit · 1987

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4Cited by22 opinions

  1. Gulf Restoration Network v. Gina McCarthyCourt of Appeals for the Fifth Circuit · 2015
  2. Blue Water Navy Vietnam Veterans Ass'n v. McDonaldCourt of Appeals for the D.C. Circuit · 2016
  3. Kalick v. United StatesUnited States Court of Federal Claims · 2013
  4. Hyatt v. U.S. Patent & Trademark OfficeCourt of Appeals for the Federal Circuit · 2018
  5. Bowling v. McDonoughCourt of Appeals for the Federal Circuit · 2022

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

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