· 5/7/1997
Johnnie Louis McAlpine v. United States of America and Bureau of Indian Affairs
Citations
- 112 F.3d 1429
- 1997 U.S. App. LEXIS 10380
- 1997 WL 227585
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding Secretary of the Interior’s discretionary decision to acquire land was reviewable based on regulation prescribing list of seven factors to consider when exercising discretion
- landowner may seek review of Secretary of the Interior’s denial of application to take land into trust status under Indian Reorganization Act
- “[R]egulations promulgated by an administrative agency in carrying out its statutory mandate can provide standards for judicial review of agency action.”
- “[T]he Secretary’s decision regarding trust land acquisitions is the type of administrative agency action over which the federal courts have traditionally exercised reviewing authority under the APA.”
- “[T]he APA establishes a strong presumption in favor of reviewability of agency action.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Brorby, Logan, Henry
Read full opinion on CourtListenerSourced 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.