Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

Refusals to promulgate rules are susceptible to judicial review, though such review is “extremely limited” and “highly deferential.” National Customs Brokers & Forwarders Assn of America, Inc. v. United States, 883 F. 2d 93, 96 (CADC 1989). 


Before ordering a rulemaking proceeding a reviewing court must find, on the basis of the record before the agency, that the rulemaking requested is 'necessary' and that 'failure to take that action will result in the continuation of practices that are not consistent with the public interest or are not in accordance with this subtitle.' As a general proposition, a court will compel an agency to institute rulemaking proceedings only in extremely rare instances. The law in makes clear that the scope of review under the Administrative Procedure Act ('APA'), 5 U.S.C. Secs . 701-706 (1982), of an agency decision to deny a rulemaking petition is very narrow. Such review is limited to ensuring that the agency has adequately explained the facts and policy concerns it relied on, and that the facts have some basis in the record. See WWHT, Inc. v. FCC, 656 F.2d 807, 817-18 (D.C.Cir.1981). 


Under the APA, the case for deference to ...

Register or login to access full content



Professors
Professionals
Students