Nance v. Environmental Protection Agency’s Empirical Analysis
645 F.2d 701 · 1981
Citation profile
44 federal appellate · 12 district · 1 state decisions
How this case has been cited
Cited by 88 later decisions (5 by the Supreme Court) — most recently June 2021 · most notably Immigration & Naturalization Service v. Abudu (1988), Bond v. United States (2011)
44 federal appellate · 12 district · 1 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 15 U.S.C. § 793 · 42 U.S.C. § 7404 · 42 U.S.C. § 7407 · 42 U.S.C. § 7472 · 42 U.S.C. § 7607 · 5 U.S.C. § 553 (Administrative Procedure Act of 1946) · 5 U.S.C. § 706
Relies on Citizens to Preserve Overton Park, Inc. v. Volpe · Abbott Laboratories v. Gardner · Penn Central Transportation Co. v. New York City · Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. · Red Lion Broadcasting Co. v. Federal Communications Commission
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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he effect of the regulations was to grant the Indian tribes the same degree of autonomy to determine the quality of their air as was granted to the states.”
2 later decisions quote this exact passage · from the majority“If upon the coming down of the order litigants might demand rehearings as a matter of law because some new circumstance has arisen, some new trend has been observed, or some new fact discovered, there would be little hope that the administrative process could ever be consummated in an order that would not be subject to reopening. It has been almost a rule of necessity that rehearings were not matters of right, but were pleas to discretion. And likewise it has been considered that the discretion to be invoked was that of the body making the order, and not of the reviewing body.”
1 later decision quote this exact passage · from the majority“The administrative process cannot provide for the constant reopening of the record to consider new facts, . . . and it is for the agency, not this court to determine when such reopening is appropriate, unless the failure to reconsider can be characterized an abuse of discretion”
1 later decision 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.