Swallows Holding, Ltd. - Page 51

                                        -137-                                         

          United States, Inc. v. State Farm, 463 U.S. 29, 41-45 (1983); and           
          another standard in reviewing administrative adjudications--are             
          they “unsupported by substantial evidence?,” 5 U.S.C. � 706(2)(E)           
          (which has been interpreted as going to “the reasonableness of              
          what the agency did,” United States v. Carlo Bianchi & Co., 373             
          U.S. 709, 715 (1963) (emphasis added)).                                     
               Mead makes this clearer--it says that the Court has                    
          “recognized a very good indicator of delegation meriting Chevron            
          treatment in express congressional authorizations to engage in              
          the process of rulemaking or adjudication that produces                     
          regulations.”  533 U.S. at 229 (2001).  It then lists, among                
          other cases to prove that point, Atlantic Mut. Ins. Co v.                   
          Commissioner, 523 U.S. 382 (1998), a case in which we were                  
          reversed after invalidating a regulation issued under section               
          7805(a).16                                                                  

               16 Mead, 533 U.S. at 230 n.12.  Many, perhaps most, of the             
          cases cited in that footnote involve general authority                      
          regulations.  E.g. Shalala v. Ill. Council on Long Term Care,               
          Inc., 529 U.S. 1 (2000)[issued under 42 U.S.C. sec. 1395cc(b)(2)            
          (“Secretary may [act] * * * as may be specified in                          
          regulations”)]; United States v. Haggar Apparel Co., 526 U.S. 380           
          (1999)[issued under 19 U.S.C. sec. 1502(a) (Secretary may                   
          “establish and promulgate such rules and regulations not                    
          inconsistent with the law”)]; AT&T Corp. v. Ia. Util. Bd., 525              
          U.S. 366 (1999)[issued under 47 U.S.C. sec. 201(b) (“Commissioner           
          may prescribe such rules and regulations as may be necessary”)];            
          United States v. O’Hagan, 521 U.S. 642 (1997)[issued under 15               
          U.S.C. sec. 78j(b) (authorizing “rules and regulations as the               
          [SEC] Commissioner may prescribe as necessary or appropriate”)];            
          Am. Hospital Assn. v. NLRB, 499 U.S. 606 (1991)[issued under 29             
                                                             (continued...)           





Page:  Previous  124  125  126  127  128  129  130  131  132  133  134  135  136  137  138  139  140  141  142  143  Next

Last modified: May 25, 2011