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· 5/7/1991

C & W Fish Company, Inc. v. William W. Fox, Jr., Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration

Citations

  • 931 F.2d 1556
  • 289 U.S. App. D.C. 323
  • 21 Envtl. L. Rep. (Envtl. Law Inst.) 21372
  • 1991 U.S. App. LEXIS 8599
  • 1991 WL 70371

How courts have described this case

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

  • noting that “[t]his requirement poses only a minimal hurdle for” the agency
  • relying on express reservation of authority to permit intervening action by higher-ranking agency official
  • upholding amendment banning drift gillnet technique despite burdening fishermen who use that technique
  • “Because the agency is expected to have expertise is its area, a certain degree of deference is due, particularly on issues about which experts disagree.”
  • “In the context of adjudicatory proceedings . . . due process requires . . . scrutiny of prejudgment bias and preju- dice.”
  • “an individual should be disqualified from rule-making ‘only when there has been a clear and convincing showing that' the Department member has an unalterably closed mind on matters critical to the disposition of the proceeding.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Mikva, Sentelle, Henderson

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.