Syncor Intl Corp v. Shalala, Donna E.

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).