Hicks v. Union Twp.
Citations
- 2023 Ohio 3828
Syllabus
Appellant lacked standing to bring this administrative appeal, as he failed to show that he had unique or distinct harm that \directly affected him.\ Standing is a jurisdictional prerequisite that cannot be waived. Generalized and speculative concerns are insufficient to establish standing.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the EPA could overrule the state agency’s construction of the term “best available control technology” in the Clean Air Act”
- holding that the EPA could overrule the state agency’s construction of the term “best available control technology” in the Clean Air Act”
- recognizing that an agency’s “skeletal” orders could be “properly read together with accompanying explanatory correspondence” from that agency
- holding that, when considering an agency action as to which the statute does not specify the standard of review, the courts of appeals must proceed pursuant to the APA’s general standard of review for agency actions in 5 U.S.C. § 706(2)(A)
- holding that, when considering an agency action as to which the statute does not specify the standard of review, the courts of appeals must proceed pursuant to the APA’s general standard of review for agency actions in 5 U.S.C. § 706(2)(A)
- finding that although internal guidance lacks dispositive force, “cogent administrative interpretations not the products of formal rulemaking nevertheless warrant respect” (citations and internal changes omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Piper
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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