Lauren C. Shearer v. Town of Richmond

How courts have described this case

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

• concluding that ―the court will not set aside a rule absent a showing by the petitioners that they suffered prejudice from the agency's failure to provide an opportunity for public comment‖
• ruling that the Federal Communications Commission expressly cited in a rulemaking, but impermissibly redacted, internal scientific studies to show a lack of harmful interference potential to licensed radio services from a new network system
• noting that the failure to disclose information for public comment is subject to the rule of prejudicial error
• “Allowing such omissions in data and methodology may ma[ke] it impossible to reproduce an agency’s results or assess its reliance upon them.”
• remanding for the agency to “afford a reasonable opportunity for public comment on the unredacted studies on which it relied in promulgating the rule, make the studies part of the rulemaking record, and provide a reasoned explanation of its choice”
• “[A]mong the information that must be revealed for public evaluation are the technical studies and data upon which the agency relies in its rulemaking.” (citation and quotations omitted) (alterations adopted)

Source: CourtListener parenthetical corpus (CC0).