State ex rel. Moose v. Southern Sand & Material Co.

How courts have described this case

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

• explaining that agency could not have adopted 23 policy guidance if agency employee who stated such guidance did not have power to make guidance on behalf of agency
• “[I]t does not matter that agency officials have encouraged automakers to comply with the guidelines.” (emphasis in original)
• publication in Federal Register or Code of Federal Regulations cuts in favor of reviewability
• “[I]n cases . . . in which judicial review is sought under the APA rather than a particular statute prescribing judicial review, the requirement of final agency action is not jurisdictional.”
• guidance documents were not binding where they (1) were labeled “ ‘guidelines,’ not rules,” (2) were not published in the Code of Federal Regulations; .(3) couched obligations in conditional language including “in general” and “normally,” and (4
• “if the practical effect of the agency action is not a certain change in the legal obligations of a party, the action is non-final for the purposes of judicial review under the APA” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).