ANDERSON

v.

OKLAHOMA

Citator

Cited By (27 total)

• City OF Burbank v. Lockheed AIR Terminal, Inc., 411 U.S. 624 (U.S. 1973)
  …f, during normal sleeping hours, from the noise associated with jet airplanes. The ordinance in no way dealt with flights over the city, cf. American Airlines v. Hempstead, 272 F. Supp. 226 (EDNY 1967), aff’d, 398 F. 2d 369 (CA2 1968), cert, denied, 393 U. S. 1017 (1969), nor did it categorically prohibit all jet takeoffs during those hours. Appellees do not contend that the noise produced by jet engines could not reasonably be deemed to affect [*643] adversely the health and welfare of persons constantly ex…
• Mazaleski v. Treusdell, 562 F.2d 701 (D.C. Cir. 1977)
  …enging them to overcome that presumption. Maryland-National Capital Park & Planning Comm’n v. Lynn, 168 U.S.App.D.C. 407, 514 F. 2d 829, 834 (1975); Udall v. Wash., Va., & Md. Coach Co., 130 U.S.App.D.C. 171, 398 F. 2d 765, 769 (1968), cert. denied, 393 U.S. 1017, 89 S.Ct. 620, 622, 21 L.Ed.2d 561 (1969). We conclude that appellant has met his burden by referring to documents in the record on appeal that indisputably establish that the agency did violate its own regulations in at least one material respect.…
• Cnty. OF Suffolk v. Secretary OF the Interior, 562 F.2d 1368 (2d Cir. 1977)
  …rict court to resolve conflicting scientific options. Evidence-weighing must be left to the agency making the policy decision. See Udall v. Washington, Virginia and Maryland Coach Company, 130 U.S.App.D.C. 171, 398 F. 2d 765, 769 (1968), cert. den., 393 U.S. 1017, 89 S.Ct. 620, 21 L.Ed.2d 561 (1969). Were the court to invade that province, the judiciary rather than the agency would become the policy-maker. Any agency decision with which the court disagreed' on the merits could then be nullified as “arbitra…