Part 11- Regulation of Business, Chapter 47: Administrative Law, Doc 8

Summary of Key Administrative Law Cases and Concepts 1. FBI Agents' Names and FOIA: o Armstrong, under the Freedom of Information Act (FOIA), requested a list of FBI agents’ names who attended meetings at the White House during the mid-1980s. The government refused, citing the FOIA exemption for "personnel and medical files," which protects individuals' privacy. The court upheld this refusal, asserting that disclosure would constitute an unwarranted invasion of privacy. Armstrong's appeal argued that the exemption should not be applied categorically. Was this interpretation of FOIA correct? 2. Interpretation of § 109 of the Federal Credit Union Act: o The National Credit Union Administration (NCUA) changed its interpretation of § 109, allowing credit unions to include multiple unrelated employer groups, which previously was prohibited. Banks and the American Bankers Association sued, arguing the 1982 policy change violated the statute. Was the NCUA's reinterpretation permissible under the law? 3. Endangered Species Act and Geographic Scope: o The Endangered Species Act requires consultation with relevant federal agencies to prevent harm to endangered species. A 1986 revision limited consultations to U.S. actions or those on the high seas. Defenders of Wildlife (DOW) challenged this restriction, claiming it improperly limited protections for species abroad. Was DOW’s standing valid, and did the revised regulation violate the statutory intent? 4. Termination of a CIA Employee - Doe v. CIA: o A CIA employee, Doe, was dismissed due to his sexual orientation, despite having passed a polygraph test. He sued, arguing his termination violated statutory and constitutional rights. The CIA argued that the director’s decision was unreviewable, as it was within the director’s discretion. Was the CIA’s argument correct under the National Security Act? 5. Public Citizen and FOIA Exemption 4: o Public Citizen requested documents from the FDA regarding drug applications abandoned for health or safety concerns. The FDA withheld certain documents, citing Exemption 4, which protects confidential commercial information. Public Citizen argued that disclosure would improve public health. Was this request subject to FOIA exemptions? 6. CFTC and Collins' Tax Returns: o The Commodity Futures Trading Commission (CFTC) issued a subpoena to Thomas Collins for his tax returns, suspecting violations of the Commodity Exchange Act. Collins resisted, citing the Fifth Amendment’s protection against self-incrimination. The CFTC argued that tax returns were “required records” and not subject to this protection. How did the Seventh Circuit rule on Collins' appeal? 7. Warrantless Search Under the Solid Waste Management Act: o An agent of the Pennsylvania Department of Environmental Resources entered Disposal Service's property without a warrant and observed operations. The company was later prosecuted for violating the Solid Waste Management Act. Disposal Service moved to suppress evidence, claiming the search violated the Fourth Amendment. Was the search lawful under the state's provisions? 8. FCC FOIA Filing Procedures: o The Federal Communications Commission (FCC) provides a detailed process for submitting Freedom of Information Act (FOIA) requests on its website. Applicants can file FOIA requests electronically or by mail, and must describe the documents sought with sufficient detail to help the agency identify and locate them. A brief description of how to file such requests would be included after reviewing the FCC’s official FOIA submission instructions. Each case presents a unique intersection of regulatory policy, legal principles, and individual or corporate rights. The underlying issue often revolves around the balance between government authority, transparency, and the protection of personal or commercial interests.