IN RE DISBARMENT OF CODY

U.S. | 1985-09-18
No. D-510
473 U.S. 930 Supreme Court of the United States (1985) Positive Treatment
Cited by 2 cases

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  • …agency’s willingness to enforce its apparent construction of the statute cannot be fixed. The present effect on the parties is necessarily speculative. See, e.g., Middle South Energy, Inc. v. FERC, 747 F. 2d 763, 772 (D.C.Cir.1984), cert. dismissed, 473 U.S. 930, 106 S.Ct. 22, 87 L.Ed.2d 700 (1985) (“We accept the Commission’s characterization of Order No. 303 as an interpretive rule that, of its own force, creates [*1578] no law and binds neither the public, the agency, nor the courts. It follows that if O…
  • The City OF Mesa v. Fed. Energy Regulatory Comm'n, 993 F.2d 888 (D.C. Cir. 1993)
    …ted § 401 as applying only to supply shortages); cf. EEOC v. Associated Dry Goods Corp., 449 U.S. 590, 600 n. 17, 101 S.Ct. 817, 823 n. 17, 66 L.Ed.2d 762 (1981); Middle South Energy, Inc. v. FERC, 747 F. 2d 763, 769 (D.C.Cir.1984), cert. dismissed, 473 U.S. 930, 106 S.Ct. 22, 87 L.Ed.2d 700 (1985). Applying the Chevron framework here, we conclude for several reasons that it is unclear whether Congress meant to mandate end-use-based curtailments for unbundled transportation and that the FERC’s interpretat…

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