United States v. Goodner Bros. Aircraft, Inc.’s Empirical Analysis
966 F.2d 380 · 1992
Citation profile
10 federal appellate · 2 district ·
How this case has been cited
Cited by 18 later decisions — most recently May 2020
10 federal appellate · 2 district ·
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
Relies on Chevron Oil Co. v. Huson · Chrysler Corporation v. Brown · Yates v. United States · Griffin v. United States · Greer v. Miller
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A regulation not promulgated pursuant to the proper notice and comment procedures has no “force or effect of law” and therefore is void ab initio. See Chrysler Corp. v. Brown, 441 U.S. 281, 313 , 99 S.Ct. 1705, 1723 , 60 L.Ed.2d 208 (1979). “Yet, when equity demands, an unlawfully promulgated regulation can be left in place while the agency provides the proper procedural remedy.” Fertilizer Inst. v. E.P.A., 935 F.2d 1303 , 1312 (D.C.Cir.1991) (citations omitted). The Shell Oil court “vacated” and “set aside” the mixture rule. 950 F.2d at 752 . The government argues, however, that under the same authority the court had to leave the rule in place, it chose to invalidate the rule only prospectively. Based upon the language in Shell Oil that the EPA may wish to reenact the mixture rule on an interim basis pending full notice and comment to avoid “discontinuity in the regulation of hazardous wastes,” the government asserts that the court must have intended only prospective invalidation because discontinuity would not exist if the rule was void ab initio. 950 F.2d at 752 (emphasis added). We reject the government’s interpretation because it is inconsistent with the language in Shell Oil that specifically pronounces that the rule is “vacated” and “set aside.” (footnote omitted). The District of Columbia Circuit has previously noted in another case that “[t]o ‘vacate,’ as the parties should well know, means ‘to annul; to cancel or rescind; to declare, to make, or to render, void; to ”
1 later decision quote this exact passage · from the majority“may be filed only in the United States Court of Appeals for the District of Columbia ...,”
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.