ZIPF, MARY DARLENE ZIPF REVOCABLE v. CRYSTAL SANDS OWNERS ASSOCIATION, INC.

How courts have described this case

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

• looking to the Secretary’s position before the Commission to determine whether, in context, her proposed interpretation of the ambiguous regulatory language was reasonable
• explaining Chenery “reflected a concern about courts entering a ‘domain which Congress has set aside exclusively for the administrative agency’” and that “there is less danger of that” where Congress explicitly provides the authority to modify orders
• declining to consider a mine operator’s argument that the ALJ failed -15- to give adequate weight to one of its witness’s testimony because (1) the ALJ found that the witness’s testimony lacked proper explanation and was similar to testimony he offered in another case, and (2
• \This court has previously recognized that the APA's arbitrary and capricious standard should be used if a statute does not specify a standard of review for an agency's nonfactual determinations.\
• “[T]he Secretary’s litigation position before the Commission is entitled to deference because it ‘is as much an exercise of delegated lawmaking powers as is the Secretary’s promulgation of a . . . health and safety standard.’” (second alteration in original

Source: CourtListener parenthetical corpus (CC0).