WebJul 25, 2006 · In this context, the ordinary Chenery concerns melt away. The Chenery doctrine rests on the understanding that agency orders involve "a determination of policy or judgment which the agency alone is authorized to make." Chenery, 318 U.S. at 88, 63 S.Ct. 454. But, the BRB functions exclusively as a "quasi-judicial," rather than as a policy … WebThe Chenery doctrine, derived from two eponymous Supreme Court decisions from the 1940s, stands for the uncontroversial propositions that "the orderly functioning of the process of [judicial] review re- quires that the grounds upon which [an] administrative agency act[s] be clearly disclosed and adequately sustained" 1
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WebChenery insists that, to receive Chevron deference, accountable agency actors must explain the bases for their decisions that bind with the force of law. By grounding … WebBoard. The Chenery doctrine expressly forbids this, re-quiring reviewing courts to rely on the specific grounds used by agencies to reach their conclusions. Moreover, expanding Sanders in this way eviscerates the pro-veteran canon, which requires the agency and the courts to aid claimants in developing their claims and flight attendant hiring
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WebJan 14, 2024 · Although the ALJ explained his reasoning more thoroughly later in his decision, the magistrate judge refused to consider that discussion. He thought the … WebJun 29, 2024 · Under the Chenery doctrine — a bedrock principle of administrative law that traces its origin back to the 75-year-old U.S. Supreme Court case for which it is named … The Chenerys were officers, directors, and shareholders of Federal Water Service Corporation. Originally, in the case called Chenery I, the company submitted a plan to the SEC, which the SEC did not approve. The reason that the SEC gave was that the plan violated certain standards of fraud. The first time this was … See more Securities and Exchange Commission v. Chenery Corporation, 332 U.S. 194 (1947), is a United States Supreme Court case. It is often referred to as Chenery II. See more The US Supreme Court stated that policy-making through administrative adjudication is not necessarily wrong and may be desirable. Adjudication is more flexible than rule-making and allows policy to be made on an ad hoc basis. This flexibility is important where … See more A federal water company was accused of illegal stock manipulation. The SEC was charged with deciding whether re-organization of companies that were in violation of the Public Utilities Company Holding Act was approved. The Chenerys were … See more • Administrative law See more • Text of SEC v. Chenery Corp., 332 U.S. 194 (1947) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress See more chemical library enumeration knime