DIZZLEY
v.
UNITED STATES

U.S. | 1985-04-29
No. 84-6454
471 U.S. 1069 Supreme Court of the United States (1985) Positive Treatment
Cited by 20 cases

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  • …precedent simply to conform with a shifting political mood”); Brae Corp. v. United States, 740 F. 2d 1023, 1038 (D.C.Cir.1984) (“agency must explain why the original reasons for adopting the rule or policy are no longer dispositive”), cert. denied, 471 U.S. 1069, 105 S.Ct. 2149, 85 L.Ed.2d 505 (1985); Hatch v. FERC, 654 F. 2d 825, 834 (D.C.Cir.1981) (same). The June 1, 1987 AEWRs represent a dramatic shift in the Department’s wage policy. In the past, the Department has responded to depressed wages caused…
  • …ately supported by the record. Cf. Illinois Commerce Comm’n v. ICC, 819 F. 2d 311, 317 (D.C.Cir.1987) (applying “arbitrary and capricious” standard to trackage rights agreements); Brae Corp. v. ICC, 740 F. 2d 1023, 1038 (D.C.Cir.1984), cert. denied, 471 U.S. 1069, 105 S.Ct. 2149, 85 L.Ed.2d 505 (1985) (“arbitrary and capricious” review of exemption of boxcar freight rates from regulation). In our prior consideration of this case, the court faulted the agency’s finding that exemption would promote energy con…
  • …minority that do may be challenged adequately in post hoc proceedings. Cf. Brae Corp. v. United States, 740 F. 2d 1023, 1044 (D.C.Cir.1984) (holding that § 10505 authorizes classwide exemption of freight boxcar rates from regulation), cert. denied, 471 U.S. 1069, 105 S.Ct. 2149, 85 L.Ed.2d 505 (1985).3 Indeed, the Conference Report to the Staggers Act stated: [*316] The conferees anticipate that through the exemption process the Commission will eventually reduce its exercise of authority to circumstances wh…
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