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