Appalachian Power Co. v. Environmental Protection Agency

How courts have described this case

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

• “An agency cannot be faulted for failing to address such issues that were not raised by petitioners.”
• “[R]es judicata bars relitigation not only of matters determined in a previous litigation[,] but also ones that a party could have raised.”
• “[A] party must initially present its comments to the agency during the rulemaking in order for the court to consider the issue.” (citation, internal quotation marks, and alteration omitted)
• “It is black-letter administrative law that 18 absent special circumstances, a party must initially present its comments to the agency 19 during the rulemaking in order for the court to consider the issue.”
• “‘[A] party must initially present its comments to the agency during the rulemaking in order for the court to consider the issue.’ ” (quoting Tex Tin Corp. v. EPA, 935 F.2d 1321, 1323 (D.C. Cir. 1991))
• “It is black-letter administrative law that absent special circumstances, a party must initially present its comments to the agency during the rulemaking in order for the court to consider the issue.” (citation, internal quotation marks, and alteration omitted)

Source: CourtListener parenthetical corpus (CC0).