JABLONWSKI

v.

JACKSON, WARDEN

Citator

Cited By

• SUN OIL Co. v. Fed. Power Comm'n, 256 F.2d 233 (5th Cir. 1958)
  …s not an improper one. American Power & Light Co. v. Securities and Exchange Commission, 329 U.S. 90, 67 S.Ct. 133, 91 L.Ed. 103; Securities and Exchange Commission v. Chenery Corporation, 332 U.S. 194, 67 S.Ct. 1575, 91 L.Ed. 1995, rehearing denied 332 U.S. 783, 68 S.Ct. 26, 92 L.Ed. 367. Sun, however, contends that where a formal rule has been promulgated, such as Order 174-B which permitted non-signing owners of gas interests to file rate schedules, the Commission could not, by an ad hoc order deprive it…
• Hall v. McLAUGHLIN, 864 F.2d 868 (D.C. Cir. 1989)
  …enery principle we affirm only on an agency’s statement of its views, not our own. See SEC v. Chenery Corp., 318 U.S. 80, 63 S.Ct. 454, 87 L.Ed. 626 (1943); SEC v. Chenery Corp., 332 U.S. 194, 196-97, 67 S.Ct. 1575, 1577, 91 L.Ed. 1995 reh’g denied, 332 U.S. 783, 68 S.Ct. 26, 92 L.Ed. 367 (1947) (“It will not do for a court to be compelled to guess at the theory underlying the agency’s action_”). I would remand the case to enable the Secretary to construct a coherent rule for certification of an alien claim…
• Tarpon Transmission Co. v. Fed. Energy Regulatory Comm'n, 860 F.2d 439 (D.C. Cir. 1988)
  …ory underlying the agency’s action; nor can a court be expected to chisel that which must be precise from what the agency has left vague and indecisive.” SEC v. Chenery Corp., 332 U.S. 194, 196-97, 67 S.Ct. 1575, 1577-78, 91 L.Ed. 1995 reh’g denied, 332 U.S. 783, 68 S.Ct. 26, 92 L.Ed. 367 (1947). Here we conclude that the absence of an adequate analysis by the Commission renders meaningful review impossible. The Merits Tarpon views Section 10.5 as establishing a two-step process to adjust its rates. The f…