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· 9/7/2023

United States v. Xuan Tam

Citations

  • 82 F.4th 536

Oral argument

Source: CourtListener oral-argument corpus (CC0).

How courts have described this case

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

  • concluding that Congress’s intent behind the words “public hearing” in section 3008 of the RCRA was ambiguous for Chevron purposes
  • holding that formal rulemaking procedures prescribed by 5 U.S.C. §§ 556, 557 are required only when a statute mandates that rules be made \on the record\
  • holding that formal rulemaking procedures prescribed by 5 U.S.C. §§ 556, 557 are required only when a statute mandates that rules be made “on the record”
  • concluding that by according parties opportunity “to file statements of positions, submissions of evidence,” Interstate Commerce Commission satisfied statutory hearing requirement for its rate-making proceeding
  • concluding that by according parties opportunity “to file statements of positions, submissions of evidence,” Interstate Commerce Commission satisfied statutory hearing requirement for its rate-making proceeding
  • holding that \hearing\ under the Administrative Procedure Act requires that parties have fair notice of what agency intends to do and that parties have opportunity to comment; but \hearing\ does not require oral testimony, cross-examination, or oral argument

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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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.