· 12/28/2001
American Bankers Association v. National Credit Union Administration
Citations
- 271 F.3d 262
- 350 U.S. App. D.C. 1
- 2001 WL 1386409
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the agency did not need to produce the administrative record because the case could be resolved based on “nothing more than the statute and its legislative history”
- finding text ambiguous but resolving case at Chevron step one on account of “pellucid” legislative history
- affirming Rule 12(b)(6) dismissal of complaint where district could resolve APA challenge “with nothing more than the statute and its legislative history”
- no administrative record was required because the Circuit found no “challenge to the Administration’s rule-making process” and no challenge to a rule’s application that did not “depend entirely” on the argument that the rule violated the statute
- “Only if we find the statute either silent or ambiguous with respect to ‘the precise question at issue’ do we proceed to Chevron’s second step, asking ‘whether the agency’s answer is based on a permissible construction of the statute.’ ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Randolph, Rogers, Tatel
Read full opinion on CourtListenerSourced 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.