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· 11/13/1978

Guardian Federal Savings and Loan Association v. Federal Savings and Loan Insurance Corporation

Citations

  • 589 F.2d 658
  • 191 U.S. App. D.C. 135
  • 1978 U.S. App. LEXIS 7834

How courts have described this case

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

  • providing that notice and comment is not required when these \countervailing considerations trump public participation\
  • observing that a binding norm did not exist when the agency decisionmaker possessed the “discretion to accept a non-conforming [ ] report” under the challenged regulation
  • concluding rules were general statements of policy even though they had “some substantive impact”
  • stating that “an interpretive rule is merely a clarification or explanation”
  • finding use of the word “may” to be evidence that an agency statement is a non-binding, “general statement of policy”
  • “The mandatory tone of the specifications for audits and auditors doubtless encourages compliance. However, an opportunity for an individualized determination is afforded.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jameson, Leven-Thal, Leventhal, MacKINNON

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.