· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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