CitationPension Benefit Guar. Corp. v. LTV Corp., 496 U.S. 633, 110 S. Ct. 2668, 110 L. Ed. 2d 579, 1990 U.S. LEXIS 3186, 58 U.S.L.W. 4831, 22 Collier Bankr. Cas. 2d (MB) 1237, Bankr. L. Rep. (CCH) P73,423, 20 Bankr. Ct. Dec. 1075, 12 Employee Benefits Cas. (BNA) 1593 (U.S. June 18, 1990) Brief Fact Summary. Pension Benefit Guarantee Corporation (PBGC) is a wholly owned United States Government Corporation, modeled after the Federal Deposit Insurance Corporation. PBGC administers and enforces Title IV of the Employee Retirement Income Security Act (ERISA), including a mandatory Government in ...
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Connecticut Light and Power Co. v. NRC
CitationConnecticut Light & Power Co. v. Nuclear Regulatory Com., 673 F.2d 525, 1982 U.S. App. LEXIS 20990, 218 U.S. App. D.C. 134 (D.C. Cir. Mar. 16, 1982) Brief Fact Summary. Connecticut Light and Power Company (Connecticut Light) challenged a decision by the Nuclear Regulatory Commission (NRC) to adopt a more stringent fire protection program for nuclear power plants in service before January 1, 1979, claiming NRC’s rulemaking procedure was inadequate. Synopsis of Rule of Law. The Administrative Procedure Act (APA) requires agencies to give notice and an opportunity to comment ...
City of West Chicago, Illinois v. NRC
CitationWest Chicago v. United States Nuclear Regulatory Com., 701 F.2d 632, 1983 U.S. App. LEXIS 30052, 13 ELR 20648, 19 ERC (BNA) 1006 (7th Cir. Ill. Mar. 1, 1983) Brief Fact Summary. This appeal by the City of West Chicago (City) challenged a Nuclear Regulatory Commission (NRC) order granting to Kerr-McGee Corporation (KM) a license amendment authorizing it to demolish certain buildings at its facility and accept for onsite storage contaminated soil from offsite locations. Synopsis of Rule of Law. The Atomic Energy Act of 1954 (Act), Section:189(a), requires that the NRC grant a “ ...
Chemical Waste Management, Inc. v. United States E.P.A
CitationChemical Waste Management, Inc. v. U.S. Environmental Protection Agency, 873 F.2d 1477, 1989 U.S. App. LEXIS 6240, 277 U.S. App. D.C. 220, 19 ELR 20868, 29 ERC (BNA) 1561 (D.C. Cir. May 5, 1989) Brief Fact Summary. Chemical Waste Management and Waste Management of North America (Petitioners) sought review of the Environmental Protection Agency (EPA) regulations that establish informal procedures for administrative hearings concerning the issuance of corrective action orders under Section:3008(h) of the Resource Conservation and Recovery Act (RCRA), as modified by Section:6928(h) of t ...
Commodity Futures Trading Commission v. Schor
CitationCommodity Futures Trading Com v. Schor, 478 U.S. 833, 106 S. Ct. 3245, 92 L. Ed. 2d 675, 1986 U.S. LEXIS 144, 54 U.S.L.W. 5096, Comm. Fut. L. Rep. (CCH) P23,116 (U.S. July 7, 1986) Brief Fact Summary. The Commodity Futures Trading Commission (CFTC) issued a regulation permitting itself to adjudicate counterclaims brought by brokers in reparations proceedings. Schor brought suit against his broker, who then filed a counterclaim against him. Schor then challenged the CFTC’s authority to adjudicate the counterclaim as violating Article III of the United States Constitution. Syno ...
Withrow v. Larkin
CitationWithrow v. Larkin, 421 U.S. 35, 95 S. Ct. 1456, 43 L. Ed. 2d 712, 1975 U.S. LEXIS 56 (U.S. Apr. 16, 1975) Brief Fact Summary. A physician in the State of Wisconsin, Withrow (Appellee), challenged the Wisconsin statutes which authorized the State’s Examining Board (Board) to investigate physicians and temporarily suspend their license. Synopsis of Rule of Law. Vesting the authority to investigate and adjudicate in the same agency does not violate due process. ...
United States v. Florida East Coast Ry
CitationUnited States v. Florida E. C. R. Co., 410 U.S. 224, 93 S. Ct. 810, 35 L. Ed. 2d 223, 1973 U.S. LEXIS 137 (U.S. Jan. 22, 1973) Brief Fact Summary. Two railroad companies (Appellees) brought this action in the District Court for the Middle District of Florida to set aside the incentive per diem rates established by the Interstate Commerce Commission (Appellant) in a rulemaking proceeding. Synopsis of Rule of Law. The Administrative Procedure Act (APA) states that none of its provisions limit or repeal additional requirements imposed by other statutes or law. Even though the Commissi ...
Mistretta v. United States
CitationMistretta v. United States, 488 U.S. 361, 109 S. Ct. 647, 102 L. Ed. 2d 714, 1989 U.S. LEXIS 434, 57 U.S.L.W. 4102 (U.S. Jan. 18, 1989) Brief Fact Summary. Congress adopted the Sentencing Reform Act of 1984 (Act) in an effort to address the widespread disparity in the scope and extent of punishment in criminal cases in the United States. The Act created the United States Sentencing Commission devise guidelines for sentencing, and John M. Mistretta (Petitioner) challenged this as an unconstitutional delegation. Synopsis of Rule of Law. The “intelligible principle test” a ...
Immigration & Naturalization Service v. Chadha
CitationImmigration & Naturalization Service v. Chadha, 1981 U.S. LEXIS 3085, 454 U.S. 812, 102 S. Ct. 87, 70 L. Ed. 2d 80, 50 U.S.L.W. 3244 (U.S. 1981) Brief Fact Summary. Chadha remained unlawfully in the United States past the expiration of his nonimmigrant student visa and faced the possibility of deportation. The Immigration Judge ordered that his deportation be suspended, pursuant to Section:244(a)(1) of the Immigration and Nationality Act (Act). The suspension was reported to Congress, as required by the Act, and the House of Representatives unilaterally vetoed the suspension. S ...
Buckley v. Valeo
CitationBuckley v. Valeo, 96 S. Ct. 612, 424 U.S. 1, 46 L. Ed. 2d 659, 1976 U.S. LEXIS 16, 76-1 U.S. Tax Cas. (CCH) P9189 (U.S. Jan. 30, 1976) Brief Fact Summary. The Federal Election Campaign Act of 1971 (Act), as amended in 1974, created an eight-member Federal Election Commission (Commission) and vested in it wide-ranging rulemaking and enforcement powers for administering the Act. A separation of powers challenge was brought that Congress was precluded from vesting in itself the authority to appoint members of the Commission. Synopsis of Rule of Law. Article II, Section:2, cl. 2, of th ...
A.L.A. Schechter Poultry Corp. v. United States
CitationA. L. A. Schechter Poultry Corp. v. United States, 295 U.S. 495, 55 S. Ct. 837, 79 L. Ed. 1570, 1935 U.S. LEXIS 1088, 1935 Trade Cas. (CCH) P55,072, 2 Ohio Op. 493, 97 A.L.R. 947 (U.S. May 27, 1935) Brief Fact Summary. A.L.A. Schechter Poultry Corporation (Petitioners) were convicted in the District Court of the United States for the Eastern District of New York for violating the Live Poultry Code, promulgated under Section:3 of the National Industrial Recovery Act. Synopsis of Rule of Law. Congress is not permitted to abdicate or transfer to others the essential legislative functions ...
Londoner v. Denver
CitationLondoner v. Denver, 210 U.S. 373 (U.S. June 1, 1908) Brief Fact Summary. The plaintiffs challenged a tax which was assessed against their real property by the city council over plaintiffs’ written objections, without affording them a hearing. Synopsis of Rule of Law. Due process of law as guaranteed by the Fourteenth Amendment to the Constitution of the United States requires that, where the legislature of a State authorizes a subordinate body to levy taxes, the taxpayer shall have an opportunity to be heard before the tax becomes irrevocably fixed. The taxpayer must have not ...
Yesler Terrace Community v. Cisneros
CitationYesler Terrace Community Council v. Cisneros, 37 F.3d 442 (9th Cir. Wash. Sept. 12, 1994) Brief Fact Summary. The Department of Housing and Urban Development (HUD) determined that public housing authorities in the State of Washington could evict tenants accused of criminal activity without an informal grievance hearing, based on the premise that state court eviction procedures satisfied the elements of due process. Yesler Terrace Community Council and Marla Davidson (Plaintiffs) brought suit, contending that HUD’s determination was invalid because it was made without giving ...