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· 1/30/2009

State ex rel. Higgins v. Cain

Citations

  • 999 So. 2d 741
  • 2009 WL 396065

How courts have described this case

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

  • noting that vacatur of an agency rule returns conditions to the status quo ante
  • noting that vacatur of an agency rule returns conditions to the status quo ante
  • stating that the Secretary failed to address why alternative measures were rejected
  • vacating but, with limited analysis, “withhold[ing] issuance of our mandate” for six months
  • agency's failure to discuss how rule squares with statute's objective is arbitrary and capricious
  • Secretary’s statement of basis and purpose fails to give an adequate account of how the [regulation] serves [the statute’s] objectives and why alternative measures were rejected in light of them.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Guidry

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.