28 U.S.C. § 512
Attorney General to advise heads of executive departments
The head of an executive department may require the opinion of the Attorney General on questions of law arising in the administration of his department.
Notes of Decisions
Cited in 22
cases (3 in the last 5 years), 1977–2026 · leading case: Casa De Md. v. U.S. Dep't of Homeland SEC., 924 F.3d 684 (4th Cir. 2019).
Casa De Md. v. U.S. Dep't of Homeland SEC., 924 F.3d 684 (4th Cir. 2019). “See 28 U.S.C. § 512 (providing that agency heads may seek legal advice from the Attorney General); 28 C.”
Cnty. of Santa Clara v. Trump, 267 F. Supp. 3d 1201 (N.D. Cal. 2017). “It asserts that the Attorney General’s memoranda are binding on other agencies because the Attorney General has a statutory duty to advise'executive department heads on “questions of law,”' 28 U.S.C. § 512 , and to furnish formal legal opinions to executive agencies," 28 C.”
Campaign for Acct. v. U.S. Dep't of Just., 278 F. Supp. 3d 303 (D.D.C. 2017). “) But in its valiant effort to differentiate the OLC opinion at issue in EFF from the OLC opinions that CfA says it is seeking in the instant case, CfA perceives a distinction where none exists.”
Pueblo of Taos v. Andrus, 475 F. Supp. 359 (D.D.C. 1979). “28 U.S.C. § 512 (1976) provides: “The head of an executive department may require the opinion of the Attorney General on questions of law arising in the administration of his department.”
Aero Corp. v. Dep't of the Navy, 540 F. Supp. 180 (D.D.C. 1982). “That fiscal responsibility is comparable to the historic duty of the Attorney General to advise executive branch officers on legal questions, see 28 U.S.C. § 512 , 40 and has greater functional and constitutional importance today because GAO speaks independently on executive…”
Nat'l Wildlife Fed'n v. Watt, 571 F. Supp. 1145 (D.D.C. 1983). “Compare 28 U.S.C. § 512 authorizing the head of an executive department to “require the opinion of the Attorney General on questions of law arising in the administration of his department.”
Hispanic Affairs Proj. v. Acosta, 263 F. Supp. 3d 160 (D.D.C. 2017). “As the government points out, while the Court in that case "did take judicial notice of information on a government website, it did so based on an uncontested motion for judicial notice” and did not analyze, whether consideration of that information would be properly considered…”
United States v. South Florida Water Mgmt. Dist., 847 F. Supp. 1567 (S.D. Fla. 1992). “” Farm Interests’ brief, at 50: 28 U.S.C. § 512 . Attorney General to advise heads of executive departments: The head of an executive department may require the opinion of the Attorney General on questions of law arising in the administration of his department.”
Citizens for Responsibility & Ethics in Wash. v. U.S. Dep't of Just., 298 F. Supp. 3d 151 (D.C. Cir. 2018). “28 U.S.C. § 512 . CREW contends that these documents are subject to the Freedom of Information Act's "reading room" provision, which requires that specific categories of records be affirmatively made "available for public inspection in an electronic format.”
Applicability of the Davis-Bacon Act to the Vets. Admin.'s Lease of Med. Facilities (OLC 1988). “at 94-95 (construing identical statutory language contained in 28 U S.C § 512 to mean that the re questing agency “ is entitled by law to the opinion o f the Attorney General”) The Department of Labor seeks to distinguish the Cooper Opinion, by noting that the Attorney General…”
Application of the Davis-Bacon Act to Urban Dev. Projects That Receive Partial Fed. Funding (OLC 1987). “” 28 U.S.C. § 512 . The only limitation on the right of the head of an executive department to obtain an opinion of the Attorney General is that the question presented must be one that actually arises in the administration of his department.”
Applicability of the Serv. Contract Act to Volunteer Workers at the Nat'l Oceanic & Atmospheric Admin. (OLC 1989). “Applicability of the Service Contract Act to Volunteer Workers at the National Oceanic and Atmospheric Administration Pursuant to 28 U.S.C. § 512 , the Office of Legal Counsel has jurisdiction to resolve a legal dispute between the Departments of Commerce and Labor where the…”
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