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Ninth Circuit· 9/29/2010

Bailey v. United States

Citations

  • 623 F.3d 855
  • 2010 A.M.C. 2810
  • 2010 U.S. App. LEXIS 20198
  • 2010 WL 3768044

How courts have described this case

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

  • Noting that “balancing competing safety considerations is a protected policy judgment.”
  • “[A]n agency retains discretion whether to act where no statute or agency policy dictates the precise manner in which the agency is to complete the challenged task.”
  • “An agency does not retain discretion whether to act where a statute or policy directs mandatory and specific action and the agency has no lawful option but to adhere to the directive.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Clifton, Bea

Read full opinion on CourtListener

Cited by

12 cases in this archive cite this case.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

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