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· 4/21/1989

Occidental Petroleum Corporation v. Securities and Exchange Commission

Citations

  • 873 F.2d 325
  • 277 U.S. App. D.C. 112
  • 1989 U.S. App. LEXIS 5352

How courts have described this case

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

  • holding that agency's \conclusory statement\ dismissing plaintiff's concern that public disclosure of plaintiff's sensitive documents would cause competitive harm was so inadequate as to render the agency's decision \unreviewable\
  • acknowledging that while “a private party may not, in most cases, immediately appeal a district court order remanding a case for further agency proceedings, the agency may do so”
  • stating that a remand order is “interlocutory” rather than “final”
  • when district court remand obliges agency to take further actions under an arguably incorrect legal standard an immediate appeal is appropriate
  • desire to avoid embarrassment and reputational damage is irrelevant to substantial competitive harm determination
  • “[I]n order to allow for meaningful judicial review, the agency must produce an administrative record that delineates the path by which it reached its decision.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Robinson, Silberman, Ginsburg

Read full opinion on CourtListener

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.