· 6/29/2010
New York v. Atlantic States Marine Fisheries Commission
Citations
- 609 F.3d 524
- 2010 U.S. App. LEXIS 13219
- 2010 WL 2574169
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that an interstate compact entity is not a federal agency under the APA despite the Congress’s role in approving the compact and the absence of interstate compacts from the list of entities exempted from the APA’s definition of “agency”
- declining to extend theory of status as a quasi-federal agency to a state agency for purposes of the Administrative Procedure Act
- \The structure and composition of the ASMFC weigh against characterizing it as a 'quasi-federal' agency.\
- “courts have emphasized ‘the need to examine the structure, function, and mandate’ of the entity in question in determining whether it falls within the definition set out in the APA”
- “we cannot escape the fact that the entity itself is an aggregation of states”
- “[M]ember states may seek judicial relief to enforce rights under the [Compact].”
Source: CourtListener parenthetical corpus (CC0).
Judges: Leval, Sack, Wesley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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