Reform and Modernization of the Farmers Home Administration, S. 1179: Hearing Before the Committee on Agriculture, Nutrition, and Forestry, United States Senate, One Hundredth Congress, First Session on S. 1179 ... June 9, 1987

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Page 109 - provides in pertinent part: To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall
Page 90 - Although this inquiry into the facts is to be searching and careful, the ultimate standard of review is a narrow one. The court is not empowered to substitute its judgment for that of the agency. Citizens to Preserve Overton Park, Inc. v. Volpe, 401 US 402, 416 (1971).
Page 91 - Particularly is this respect due when the administrative practice at stake 'involves a contemporaneous construction of a statute by the men charged with the responsibility of setting its machinery in motion; of making the parts work efficiently and smoothly while they are yet untried and new.'
Page 90 - 706(2)(A) (1964 ed., Supp. V.). To make this finding the court must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment. (Citations
Page 104 - The notice shall include — (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved. It
Page 360 - CERTIFICATION 1, the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Reservation, hereby certify that the Tribal Business Council is composed of 7 members of whom 5 constitute a quorum, were present at a Meeting thereof duly called, noticed, convened, and held on the day of
Page 91 - application of this statutory term, we need not find that its construction is the only reasonable one or even that it is the result we would have reached had the question arisen in the first instance in judicial proceedings.
Page 109 - hold unlawful and set aside agency action, findings, and conclusions found to be — (B) contrary to constitutional right, power, privilege, or immunity;
Page 215 - Based on an examination and review of the foregoing Information and such supplemental Information attached hereto, I recommend that the approving official determine that this project will not have a significant effect on the quality of the human environment. I
Page 109 - reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall

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