WYCHE

v.

WARDEN, MARYLAND PENITENTIARY

Citator

Cited By (63 total)

• United States v. Dennis, 625 F.2d 782 (8th Cir. 1980)
  …ge, 544 F. 2d 982, 984 (8th Cir. 1976), followed in United States v. Weaver, 565 F. 2d 129, 132 (8th Cir. 1977), cert. denied, 434 U.S. 1074, 98 S.Ct. 1263, 55 L.Ed.2d 780 (1978); and Smith v. Mabry, 564 F. 2d 249, 253 (8th Cir. 1977), cert. denied, 435 U.S. 907, 98 S.Ct. 1456, 55 L.Ed.2d 499 (1978). In the case at bar, neither factor was present. Dennis does not even allege that he was prejudiced as a result of the delay; he did not lose any evidence or witnesses. He does allege that the delay was delibe…
• Sierra Club v. Costle, 657 F.2d 298 (D.C. Cir. 1981)
  …s. Provided that the assumptions on which a model is based are adequately explained and justified, we see no reason why this type of evidence may not be used... . American Public Gas Ass’n v. FPC, 567 F. 2d 1016, 1037 (D.C.Cir. 1977), cert. denied, 435 U.S. 907, 98 S.Ct. 1456, 55 L.Ed.2d 499 (1978). See also DeLong, supra note 124, at 319-38; Del Duca, supra note 115, at 195. . Pillai v. CAB, 485 F. 2d 1018, 1027 (D.C.Cir. 1973) (artificial narrowing of options to one alternative found to be arbitrary and…

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• Small Refiner Lead Phase-Down Task Force v. United States Env't Prot. Agency, 705 F.2d 506 (D.C. Cir. 1983)
  …e assumptions and methodology used in preparing the model” and, if the methodology is challenged, must “provide a ‘complete analytic defense.’ ” Id. at 333 (quoting American Public Gas Ass’n v. FPC, 567 F. 2d 1016, 1039 (D.C.Cir.1977), cert. denied, 435 U.S. 907, 98 S.Ct. 1457, 55 L.Ed.2d 499 (1978)). We will also look for evidence that the agency is conscious of the limits of the model. See id. at 334. Ultimately, however, we must defer to the agency’s decision on how to balance the cost and complexity of…