Legal Opinion

Air Transport Ass'n of America v. Department of Transportation

Court of Appeals for the D.C. Circuit

Decided April 13, 1990No. 89-1195PublishedCited by 28 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Dissenting opinion filed by Circuit Judge SILBERMAN.

HARRY T. EDWARDS, Circuit Judge:

The issue in this case is whether respondent governmental agencies (collectively “Federal Aviation Administration” or “FAA”) were obliged to engage in notice and comment procedures before promulgating a body of regulations governing the adjudication of administrative civil penalty actions. See 53 Fed.Reg. 34,646 (1988) (codified at 14 C.F.R. pt. 13) (“Penalty Rules” or “Rules”). The FAA issued the Penalty Rules pursuant to a temporary enabling…

2Cases cited36 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  3. Heckler v. ChaneySupreme Court of the United States · 1985
  4. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  5. Chrysler Corp. v. BrownSupreme Court of the United States · 1979

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3Cited by28 opinions

  1. Methodist Hospital of Sacramento v. Donna E. Shalala, Secretary of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1994
  2. Jem Broadcasting Company, Inc. v. Federal Communications Commission, Gayla Joy Hendren, IntervenorCourt of Appeals for the D.C. Circuit · 1994
  3. United States v. UteschCourt of Appeals for the Sixth Circuit · 2010
  4. Advocates for Highway and Auto Safety v. Federal Highway AdministrationCourt of Appeals for the D.C. Circuit · 1994
  5. Enrique Colin Ballesteros v. John AshcroftCourt of Appeals for the Tenth Circuit · 2006

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