D.C. Circuit· 10/28/1997

Syncor Intl Corp v. Shalala, Donna E.

Citations

127 F.3d 90
326 U.S. App. D.C. 422
1997 U.S. App. LEXIS 29780
1997 WL 664691

How courts have described this case

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

concluding that the “crucial distinction” appears to be that “a [legislative] rule modifies or adds to a legal norm based on the agency’s own authority,” and “[t]hat authority flows from congressional delegation to promulgate [legislative] rules, to engage in supplementary lawmaking.”
noting that this is a tendency that the D.C. Circuit has “succumbed on 13 occasion”
reviewing numerous D.C. Circuit cases and noting that the D.C. Circuit has long recognized the difficult distinction between substantive and interpretive rules
defining the term “guidance” in the APA context as “a general statement of policy”
distinguishing “general statements of policy” from “interpretative rules” for § 553 purposes
reinterpretation advanced in FDA publication labeled a notice and referred to in its text as a policy statement

Source: CourtListener parenthetical corpus (CC0).

Judges: Silberman, Rogers, Tatel

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Cited by

97 cases in this archive cite this case; the 20 most cited are listed.

Cites

11 cases in this archive are cited by this case.

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