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· 9/26/2006

CTIA—Wireless Ass'n v. Federal Communications Commission

Citations

  • 373 U.S. App. D.C. 259
  • 466 F.3d 105
  • 39 Communications Reg. (P&F) 603
  • 2006 U.S. App. LEXIS 24256

How courts have described this case

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

  • concluding that agency had reconsidered policy in part because its order reaffirming its interpretation “indisputably offer[ed] two new justifications not found in [prior orders]”
  • holding that the plaintiff could assert an argument raised by third parties’ comments to the defendant agency
  • holding that the plaintiff could assert an argument raised by third parties' comments to the defendant agency
  • concluding that plaintiff’s challenge to an agency order was reviewable under the reopening doctrine because, inter alia, “the NPA Order indisputably offer[ed] two new justifications not found in the 1990 Order or 1995 Order” (emphases omitted)
  • finding that, if the court must defer to the agency’s interpretation, it is not arbitrary and capricious for another agency to do so
  • reaching the opposite conclusion because, among other things, the final order in question offered “two new justifications” that “constituted the [agency’s] first legal rationales for its action to date”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tatel, Garland, Griffith

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.