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· 2/11/2004

Air Brake Systems, Inc. v. Norman Y. Mineta, in His Capacity as Secretary of Transportation National Highway Traffic Safety Administration

Citations

  • 357 F.3d 632
  • 2004 U.S. App. LEXIS 2213
  • 2004 WL 239834

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • observing that Skidmore and its progeny “permit[] an agency to earn the weight given to it by the courts, while Chevron gives reasonable agency interpretations controlling weight as a matter of right”
  • “The FDA has requested additional clinical data in support of the efficacy claim contained in the BLA.”
  • a “devastating effect on the company’s business” does not itself make an agency action final
  • “Seminole Rock deference [is] the ‘controlling weight’ that federal courts generally give an agency’s interpretation of its own ambiguous regulation.”
  • federal courts may review two types of agency actions: “[1] Agency action made reviewable by statute and [2] final agency action for which there is no other adequate remedy in a court”
  • “[A]dverse economic effects accompany many forms of . . . non- final government action.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Keith, Martin, Sutton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.