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