Brown Express, Inc. v. United States’s Empirical Analysis
607 F.2d 695 · 1979
Citation profile
55 federal appellate · 3 district · 3 state decisions
How this case has been cited
Cited by 128 later decisions — most recently August 2024 · most notably Pennzoil Co. v. Federal Energy Regulatory Commission (1981), American Trucking Associations, Inc. v. Interstate Commerce Commission (1981)
55 federal appellate · 3 district · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 49 U.S.C. § 10101 (Bus Regulatory Reform Act of 1982) · 5 U.S.C. § 551 (Administrative Procedure Act of 1946) · 5 U.S.C. § 553 (Administrative Procedure Act of 1946)
Relies on Association of Data Processing Service Organizations, Inc. v. Camp · Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. · National Labor Relations Board v. Wyman-Gordon Co. · American Farm Lines v. Black Ball Freight Service · Pacific Gas and Electric Company v. Federal Power Commission, General Motors Corporation, Intervenors. Mississippi Power and Light Company v. Federal Power Commission, General Motors Corporation, Intervenors
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 128 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'Generally speaking, it seems to be established that 'regulations,' 'substantive rules,' or 'legislative rules' are those which create law; whereas interpretive rules are statements as to what the administrative officer thinks the statute or regulation means.'”
4 later decisions quote this exact passage · from the majority“[W]hen a proposed regulation of general applicability has a substantial impact on the regulated industry, or an important class of the members or the products of that industry, notice and opportunity for comment should first be provided.”
4 later decisions quote this exact passage · from the majority“[T]he label that the particular agency puts upon its given exercise of administrative power is not, for our purposes, conclusive; rather it is what the agency does in fact.”
4 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.