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· 3/29/2011

Bean Dredging, LLC v. United States

Citations

  • 773 F. Supp. 2d 63
  • 2011 A.M.C. 2076
  • 73 ERC (BNA) 1680
  • 2011 U.S. Dist. LEXIS 32966
  • 2011 WL 1134601

How courts have described this case

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

  • holding that, on remand, it was permissible for an agency to adopt a new interpretation of a regulation and apply it to the facts of the case even without considering additional facts
  • holding that, on remand, it was permissible for an agency to adopt a new interpretation of a regulation and apply it to the facts of the case even without considering additional facts
  • explaining that, even though “reasonable minds could differ” about the meaning of certain evidence, the agency’s position was not arbitrary because it “was considered and informed and had a rational basis” (citation omitted)
  • OPA “[does] not confer upon such parties a right to a formal hearing, a right to present rebuttal evidence or argument, or really any procedural rights at all.”
  • “[A] court need not find that the agency’s decision is ‘the only reasonable one, or even that it is the result [the court] would have reached had the question arisen in the first instance in judicial proceedings.’” (second alteration in original
  • “Verraes et al. . . . recognize that “for cream made from raw milk, the main microbiological hazards are estimated to be [Listeria], [Staphylococcus], and [E. coli] because [Listeria] and [Staphylococcus] have been detected in cream and [E. coli] was linked to a cream outbreak.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Colleen Kollar-Kotelly

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.