 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1977 - Broj stranica: 970
...new evidence by the agency. Such a procedure clearly runs the risk of "propel [ling] the court into the domain which Congress has set aside exclusively...agency." SEC v. Chenery Corp., 332 US 194, 196 (1947). "The Court, it is true, has power 'to affirm, modify, or set aside' the order of the by the Supreme... | |
 | United States. Supreme Court - 1969 - Broj stranica: 1136
...it," Phelps Dodge Corp. v. NLRB, 313 US 177, 197 (1941) ; otherwise the courts are propelled "into the domain which Congress has set aside exclusively...administrative agency." SEC v. Chenery Corp., 332 II. S. 194, 196 (1947). The judgment of the Court of Appeals is reversed and the cases are remanded... | |
 | United States. Court of Customs and Patent Appeals - 1980 - Broj stranica: 196
...substituting what it considers to be a more adequate or proper basis. To do so would propel the court into the domain which Congress has set aside exclusively for the administrative agency. We also emphasized in our prior decision an important corollary of the foregoing rule. If the administrative... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1974 - Broj stranica: 1044
...mandate. A further complication arises when, as here, the agency distinguishes earlier cases in which it invoked the rule. An initial step, and often the only...exclusively for the administrative agency," SEC v. ChenATCHISON, T. & SFR CO. v. WICHITA BD. OF TRADE 809 800 Opinion of MARSHALL, J. ery Corp., supra,... | |
 | 1974 - Broj stranica: 136
...distinguishes earlier cases in which it invoked the rule. An initial step, and often the only one cleary taken, is to specify factual differences between the...the administrative agency. ' ' SEC v. Chenery Corp., supra, at 196, that is, the choice of particular actions to carry out the broad policies stated by... | |
 | United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime - 1975 - Broj stranica: 212
...of stare decisis in the administrative process, they may serve as precedents." NLRB v. Wyman^Gordon Co., 394 US, at 765-766 (opinion of Fortas, J.). This...SEC v. Chenery Corp., 332 US 194, 196 (1947), that is, the choice of particular actions to carry out the broad policies stated by Congress. Instead, it... | |
 | United States. Congress. Senate. Committee on Environment and Public Works - 1978 - Broj stranica: 1908
...new evidence by the agency. Such a procedure clearly runs the risk of 'proi>el[ling] the court into the domain which Congress has set aside exclusively...administrative agency.' SEC v. Chenery Corp., 332 US 194, 196(1947)." Id., at 333. Respondent XRDC argues that § 553 of the Administrative Procedure Act merely... | |
 | United States. Federal Trade Commission - 1978 - Broj stranica: 806
...197), the administrative process, for the purpose of the rule is to avoid "propel [ling] the court into the domain which Congress has set aside exclusively for the administrative agency." 332 US, at 196. 371 US 156, 168-69 (1962). £9 was instead attempting to get at reserve estimates already... | |
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If those grounds are inadequate or improper, the court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis. To do so would propel the court into the domain which Congress has set aside... 
