Bahns v. Earnest A. Carrere Co.

How courts have described this case

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

• “[A]n interpretive rule does not have to parrot statutory or regulatory language but may have the effect of creating new duties.”
• \[A]n interpretive rule does not have to parrot statutory or regulatory language but may have the effect of creating new duties.\
• “If, despite an agency’s claim, a rule cannot fairly be viewed as interpreting—even incorrectly—a statute or a regulation, the rule is not an interpretive rule exempt from notice-and-comment rulemaking.”
• “If a second rule repudiates or is irreconcilable with a prior legislative rule, the second rule must be an amendment of the first; and, of course, an amendment to a legislative rule must itself be legislative.”

Source: CourtListener parenthetical corpus (CC0).