· 9/29/2023
Matter of Engelhardt
Citations
- 2023 NY Slip Op 04894
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that consumer groups have standing, on behalf of their members, to challenge FTC rules that withhold used car information from consumers
- recognizing that United States “Supreme Court has held that rulemaking is substantially a function of administering and enforcing the public law ... [and] [a]s such, Congress may not create a device enabling it, or one of its houses, to control agency rulemaking”
- a similar legislative oversight mechanism contained in the Federal Trade Commission Improvements Act of 1980 was held to violate the separation of powers doctrine
- “[T]he APA expressly contemplates that notice and an opportunity to comment will be provided prior to agency decisions to repeal a rule.”
- “[T]he APA expressly contemplates that notice and an opportunity to comment will be provided prior to agency decisions to repeal a rule.”
- affirmance of decision holding unconstitutional one-house veto of Commission’s proposed rule
Source: CourtListener parenthetical corpus (CC0).
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.