green
Positive treatment
Quoted verbatim 1×
7.6 score
“the supreme court's decision in the vermont yankee case makes it absolutely clear that the court must be extremely reticent about going beyond the procedures established by congress and requiring agencies to provide additional procedures in rulemaking proceedings.”
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980
2003
2026
Top citers, strongest first. 28 distinct citers.
How cited ↗
discussed
Cited "but see"
John Keller v. George Petsock, Warden Attorney General of Commonwealth of Pennsylvania District Attorney, Allegheny County. Appeal of John Keller
See Zicarelli, 543 F.2d at 473 (sixth amendment claim based on *1127 venue is not equivalent to sixth amendment claim based on fair cross-section analysis); but cf. Bisaccia v. Attorney General of New Jersey, 623 F.2d 307, 312 (3d Cir.) (substance of due process claim presented to state court “virtually indistinguishable” from federal claim), cert. denied, 449 U.S. 1042 , 101 S.Ct. 622 , 66 L.Ed.2d 504 (1980).
examined
Cited as authority (quoted)
Sierra Club v. Douglas M. Costle, Administrator of the Environmental Protection Agency, National Coal Association, Alabama Power Company, Intervenors
the supreme court's decision in the vermont yankee case makes it absolutely clear that the court must be extremely reticent about going beyond the procedures established by congress and requiring agencies to provide additional procedures in rulemaking proceedings.
cited
Cited as authority (rule)
Lesko v. Jeffes
Bisaccia v. Attorney General of the State of New Jersey, 623 F.2d 307 (3d Cir.), cert. denied, 449 U.S. 1042 , 101 S.Ct. 622 , 66 L.Ed.2d 504 *516 (1980).
discussed
Cited "see"
Lesko v. Owens
See Bisaccia v. Attorney Gen. of New Jersey, 623 F.2d 307, 312-13 (3d Cir.) (finding denial of due process in admission into evidence of co-conspirators plea, and remanding to district court to determine whether constitutional error was harmless), cert. denied, 449 U.S. 1042 , 101 S.Ct. 622 , 66 L.Ed.2d 504 (1980).
discussed
Cited "see"
Landano v. Rafferty
See Bisaccia v. Attorney General of State of New Jersey, 623 F.2d 307, 312 (3d Cir.1980), cert. denied, 449 U.S. 1042 , 101 S.Ct. 622 , 66 L.Ed.2d 504 (1980) (because substance of due process claim presented to state court was “virtually indistinguishable” from federal claim, Picard test for exhaustion met); see also Zicarelli, supra (sixth amendment claim based on venue is not equivalent to sixth amendment claim based on fair cross-section analysis).
discussed
Cited "see"
Lesko v. Owens
See Bisaccia v. Attorney Gen. of New Jersey, 623 F.2d 307, 312-13 (3d Cir.) (finding denial of due process in admission into evidence of co-conspirators plea, and remanding to district court to determine whether constitutional error was harmless), cert. denied, 449 U.S. 1042 , 101 S.Ct. 622 , 66 L.Ed.2d 504 (1980).
cited
Cited "see"
Robert Chaussard v. Thomas Fulcomer, Warden Appeal of Robert W. Chaussard
See Bisaccia v. Attorney General of New Jersey, 623 F.2d 307, 312 (3d Cir.), cert. den., 449 U.S. 1042 , 101 S.Ct. 622 , 66 L.Ed.2d 504 (1980).
cited
Cited "see"
Henry H. Hagemeier, and Mary L. Hagemeier, His Wife v. John Block, Individually and in His Capacity as Secretary of the United States Dept. Of Agriculture Allen Brock, Individually and in His Capacity as Acting Assistant Administrator for Farmer Programs and Former Acting Administrator of the Farmers Home Administration, Charles Shuman, Individually and in His Capacity as Administrator of the Farmers Home Administration John O. Foster, Individually and in His Capacity as State Director of Missouri Rande S. Bryan, Individually and in His Capacity as District Director Terry A. Luetkemeyer, Individually and in His Capacity as County Supervisor, United States Department of Agriculture, Charles Rule, Jr. And Wanda F. Rule, His Wife v. John Block, Individually and in His Capacity as Secretary of the United States Department of Agriculture Allen Brock, Individually and in His Capacity as Acting Asst. Adm. For Farmer Programs and Former Acting Adm. Of the Farmers Home Adm. Charles Shuman, Individually and in His Capacity as Adm. Of the Farmers Home Adm John O. Foster, Individually and in His Capacity as State Director for Mo William T. Shay, Individually and in His Capacity as District Director and Ronald Moody, Individually and in His Capacity as County Supervisor, U.S. Dept. Of Agriculture Robert Noellsch, Individually and in His Capacity as County Supervisor U.S. Dept. Of Agriculture
See Johnson v. Nordstrom-Larpenteur Agency, Inc., 623 F.2d 1279, 1281 (8th Cir.), cert. denied, 449 U.S. 1042 , 101 S.Ct. 622 , 66 L.Ed.2d 504 (1980) 6 28 U.S.C.
discussed
Cited "see"
Hagemeier v. Block
See Johnson v. Nordstrom-Larpenteur Agency, Inc., 623 F.2d 1279, 1281 (8th Cir.), cert. denied, 449 U.S. 1042 , 101 S.Ct. 622 , 66 L.Ed.2d 504 (1980). . 28 U.S.C. § 1331 provides “The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1337 provides in relevant part "(a) The district courts shall have original jurisdiction of any civil action or proceeding arising under any Act of Congress regulating commerce or protecting trade and commerce against restraints and monopolies * * .
cited
Cited "see"
Yamaha Motor Corporation U.S.A. And Yamaha Parts Distributors, Incorporated v. Shadco, Inc., D/B/A Cycle Empire
See Johnson v. Nordstrom-Larpenteur Agency, 623 F.2d 1279, 1281 (8th Cir.), cert. denied, 449 U.S. 1042 , 101 S.Ct. 622 , 66 L.Ed.2d 504 (1980).
discussed
Cited "see"
Automotive Parts Rebuilders Association v. Environmental Protection Agency, Automotive Service Industry Association, Intervenor. Motor Vehicle Manufacturers Association of the United States, Inc. v. William D. Ruckelshaus, Administrator, United States Environmental Protection Agency, Automobile Importers of America, Inc., Intervenor
See Lead Industries Ass'n, Inc. v. EPA, 647 F.2d 1130 , 1146-1147 (D.C.Cir.), cert. denied, 449 U.S. 1042 , 101 S.Ct. 621 , 66 L.Ed.2d 503 (1980) 66 Statutes should be interpreted in a manner that will effectuate the purposes for which they were enacted.
cited
Cited "see"
Automotive Parts Rebuilders Ass'n v. Environmental Protection Agency
See Lead Industries Ass’n, Inc. v. EPA, 647 F.2d 1130, 1146-1147 (D.C.Cir.), ce rt. denied, 449 U.S. 1042 , 101 S.Ct. 621 , 66 L.Ed.2d 503 (1980). .
discussed
Cited "see"
Harold T. And Marie T. Paulsen v. Commissioner of Internal Revenue
(2×)
See York v. Federal Home Loan Bank Board, 624 F.2d 495 , 497 n. 1 (4th Cir.), cert. denied, 449 U.S. 1043 , 101 S.Ct. 621 , 66 L.Ed.2d 504 (1980).
cited
Cited "see"
Connecticut v. Environmental Protection Agency
See Lead Industries Association v. EPA, 647 F.2d 1130, 1147 (D.C.Cir.), cert. denied, 449 U.S. 1042 , 101 S.Ct. 621 , 66 L.Ed.2d 503 (1980).
cited
Cited "see"
State of Connecticut v. Environmental Protection Agency, Anne M. Gorsuch, Administrator, Environmental Protection Agency, and Long Island Lighting Company, Inc., Intervenor. The Connecticut Fund for the Environment, Inc. v. Anne M. Gorsuch, Administrator, Environmental Protection Agency, and Environmental Protection Agency, and Long Island Lighting Company, Inc., Intervenor
See Lead Industries Association v. EPA, 647 F.2d 1130, 1147 (D.C.Cir.), cert. denied, 449 U.S. 1042 , 101 S.Ct. 621 , 66 L.Ed.2d 503 (1980).
discussed
Cited "see"
National Wildlife Federation v. Gorsuch
See Lead Industries Association v. EPA, 208 U.S.App.D.C. 1 , 647 F.2d 1130, 1147, cert. denied, 449 U.S. 1042 , 101 S.Ct. 621 , 66 L.Ed.2d 503 (1980) (where a statute vests an agency with “a considerable amount of discretion,” its interpretation must be upheld unless “plainly unreasonable”).
discussed
Cited "see"
National Wildlife Federation v. Anne Gorsuch, in Her Official Capacity as Administrator of the United States Environmental Protection Agency, Idaho Power Company, Montana Power Company, Puget Sound Power and Light Company, Eugene Water and Electric Board, Portland General Electric Company, Public Utility District No. 1 of Chelan County, Washington, Public Utility District No. 1 of Douglas County, Washington, City of Seattle, Department of Lighting, City of Tacoma, Department of Public Utilities, Washington Water Power Company, National Wildlife Federation v. Anne Gorsuch, in Her Official Capacity as Administrator of the United States Environmental Protection Agency, Northern Colorado Water Conservancy District, City and County of Denver Acting Through the Board of Water Commissioners, City of Colorado Springs, Southwestern Water Conservation District, City of Aurora, Board of Water Works for the City of Pueblo, Colorado River Water Conservation District, Association of California Water Agencies, National Wildlife Federation v. Anne Gorsuch, in Her Official Capacity as Administrator of the United States Environmental Protection Agency, American Water Works Association and National Association of Water Companies, National Wildlife Federation v. Anne Gorsuch, in Her Official Capacity as Administrator of the United States Environmental Protection Agency, Blachly-Lane Electric Cooperative Association, Central Electric Cooperative, Inc., Clearwater Power Company, Columbia Rural Electric Association, Inc., Consumers Power, Inc., Inland Power & Light Company, Kootenai Electric Cooperative, Inc., Lane Electric Cooperative, Inc., Lower Valley Power & Light, Inc., Public Utility District No. 1 of Cowlitz County, Washington Raft River Rural Electric Cooperative, Inc., Umatilla Electric Cooperative Association, Benton Rural Electric Association, Big Bend Electric Cooperative, Inc., Coos-Curry Electric Cooperative, Inc., Lincoln Electric Cooperative, National Wildlife Federation v. Anne Gorsuch, in Her Official Capacity as Administrator of the United States Environmental Protection Agency. Appeal of National Water Resources Association. National Wildlife Federation v. Anne Gorsuch, in Her Official Capacity as Administrator of the United States Environmental Protection Agency, National Wildlife Federation v. Anne Gorsuch, in Her Official Capacity as Administrator of the United States Environmental Protection Agency. Appeal of Alabama Power Company
See Lead Industries Association v. EPA, 208 U.S.App.D.C. 1 , 647 F.2d 1130, 1147 , cert. denied, 449 U.S. 1042 , 101 S.Ct. 621 , 66 L.Ed.2d 503 (1980) (where a statute vests an agency with "a considerable amount of discretion," its interpretation must be upheld unless "plainly unreasonable").
cited
Cited "see"
Lead Industries Association, Inc. v. Environmental Protection Agency, Bunker Hill Company, Intervenor. St. Joe Minerals Corporation v. Environmental Protection Agency, Bunker Hill Company, Intervenor
See 101 S.Ct. 621 .
cited
Cited "see"
Lead Industries Association, Inc. v. Environmental Protection Agency, Bunker Hill Company, Intervenor. St. Joe Minerals Corporation v. Environmental Protection Agency, Bunker Hill Company, Intervenor
See 101 S.Ct. 621 .
cited
Cited "see, e.g."
C & W Fish Co., Inc. v. Fox
See also, Lead Industries Association v. Environment Protection Agency, 208 U.S.App.D.C. 1, 43-51 , 647 F.2d 1130, 1172-1180 , cert. denied, 449 U.S. 1042 , 101 S.Ct. 621 , 66 L.Ed.2d 503 (1980).
cited
Cited "see, e.g."
Brooks v. Zimmerman
See also Bisaccia v. Attorney General, 623 F.2d 307 (3d Cir.1980), cert. denied, 449 U.S. 1042 , 101 S.Ct. 622 , 66 L.Ed.2d 504 (1980).
cited
Cited "see, e.g."
Joseph D. McMAHON P-7814, Appellant, v. Thomas FULCOMER, Superintendent
See also Bissacia v. Attorney General of State of New Jersey, 623 F.2d 307, 310 (3d Cir.), cert. denied, 449 U.S. 1042 , 101 S.Ct. 622 , 66 L.Ed.2d 504 (1980).
discussed
Cited "see, e.g."
Craft v. Florida Federal Savings & Loan Ass'n
(2×)
See also York v. FHLBB, 624 F.2d 495 (4th Cir.1980) cert. denied, 449 U.S. 1043 , 101 S.Ct. 621 , 66 L.Ed.2d 504 (1980).
discussed
Cited "see, e.g."
Craft v. Florida Federal Savings & Loan Association
(2×)
See also York v. FHLBB, 624 F.2d 495 (4th Cir.1980) cert. denied, 449 U.S. 1043 , 101 S.Ct. 621 , 66 L.Ed.2d 504 (1980).
discussed
Cited "see, e.g."
William Daye v. Attorney General of the State of New York and Eugene Le Fevre, Superintendent, Greenhaven Correctional Facility
(2×)
See also Bisaccia v. Attorney General, 623 F.2d 307, 311 (3d Cir.) (finding exhaustion as to claim rejected by state court using "a method of analysis consistent with Fourteenth Amendment due process determinations," with dissenting state judge "casting his dissent in constitutional language"), cert. denied, 449 U.S. 1042 , 101 S.Ct. 622 , 66 L.Ed.2d 504 (1980) In contrast, the Eighth Circuit appears to have adopted the more restrictive standard that the petitioner must have cited either the Constitution or federal constitutional cases in order to fairly present his claim to the state court.
discussed
Cited "see, e.g."
Ava WILLIAMS, Appellant, v. TRANS WORLD AIRLINES, INC., Appellee; Ava WILLIAMS, Appellee, v. TRANS WORLD AIRLINES, INC., Appellant
See also Johnson v. Nordstrom-Larpenteur Agency, Inc., 623 F.2d 1279, 1282 (8th Cir.), cert. denied, 449 U.S. 1042 , 101 S.Ct. 622 , 66 L.Ed.2d 504 (1980); Oldham v. Ehrlich, 617 F.2d 163 ,168 n.9 (8th Cir. 1980).
discussed
Cited "see, e.g."
Planned Parenthood Ass'n of Kansas City v. Ashcroft
See also Johnson v. Nordstrom-Larpenteur Agency, 623 F.2d 1279, 1282 (8th Cir.), cert. denied, 449 U.S. 1042 , 101 S.Ct. 622 , 66 L.Ed.2d 504 (1980); Brown v. Bathke, 588 F.2d 634, 637 (8th Cir. 1978).
discussed
Cited "see, e.g."
Planned Parenthood Association of Kansas City, Missouri, Inc., Naim S. Kassar, M.D., Reproductive Health Services, Allen S. Palmer, D.O. v. John Ashcroft, Attorney General of State of Missouri, Ralph L. Martin, Prosecuting Attorney of Jackson County, Missouri, Planned Parenthood Association of Kansas City, Missouri, Inc., Naim S. Kassar, M.D., Reproductive Health Services, Allen S. Palmer, D.O. v. John Ashcroft, Attorney General of State of Missouri, Ralph L. Martin, Prosecuting Attorney of Jackson County, Missouri
See also Johnson v. Nordstrom-Larpenteur Agency, 623 F.2d 1279, 1282 (8th Cir.), cert. denied, 449 U.S. 1042 , 101 S.Ct. 622 , 66 L.Ed.2d 504 (1980); Brown v. Bathke, 588 F.2d 634, 637 (8th Cir. 1978). 152 There is no abuse of discretion in awarding attorneys' fees for a second counsel in a trial of this length and complexity.
Retrieving the full opinion text from the archive…
York
v.
Federal Home Loan Bank Board
v.
Federal Home Loan Bank Board
No. 80-515.
Supreme Court of the United States.
Dec 8, 1980.
Published
Citer courts: D.C. Circuit (1)
C. A. 4th Cir. Motions of National Association of State Savings and Loan Supervisors and North Carolina Savings and Loan League for leave to file briefs as amici curiae granted. Certiorari denied.