· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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