{"id":"LAW-066","kind":"law","level":"law","jurisdiction":"","state":"","metro":"","industry":"","agency":"","eco":"","issuer":"United States Court of Appeals for the District of Columbia Circuit","authority":"Appalachian Power Co. v. EPA, 208 F.3d 1015 (D.C. Cir. 2000) (CAP text)","instrument":"Appalachian Power Co. v. EPA, 208 F.3d 1015 (D.C. Cir. 2000) (CAP text)","title":"Appalachian Power Co. v. EPA, 208 F.3d 1015 (D.C. Cir. 2000) (CAP text)","dateIssued":"2000-04-14","effective":"","end":"","startDate":"2000-04-14","endDate":"","quarters":[],"types":[],"addressees":[],"clause":"If an agency acts as if a document issued at headquarters is controlling in the field, if it treats the document in the same manner as it treats a legislative rule, if it bases enforcement actions on the policies or interpretations formulated in the document, if it leads private parties or State permitting authorities to believe that it will declare permits invalid unless they comply with the terms of the document, then the agency\u0027s document is for all practical purposes \u0022binding.\u0022 (at 1021)... the entire Guidance, from beginning to end--except the last paragraph--reads like a ukase. It commands, it requires, it orders, it dictates. Through the Guidance, EPA has given the States their \u0022marching orders\u0022 and EPA expects the States to fall in line (at 1023)","enforcement":"","functions":[],"notes":"Cited in Opening Br. at 30, 42-44. Use: the United States may not describe the Notice as an optional safe harbor in court and apply it as a controlling rule of exclusion in examination.","sourceUrl":"https://static.case.law/f3d/208/html/1015-01.html","snapshot":"","fileExists":true,"fileBytes":425775,"grade":"primary","character":"case","description":"","collection":"LEG-A","url":"/library/LAW-066","exhibitUrl":"/exhibit/LAW-066","citation":"United States Court of Appeals for the District of Columbia Circuit, Appalachian Power Co. v. EPA, 208 F.3d 1015 (D.C. Cir. 2000) (CAP text) (Apr. 14, 2000) (Ex. LAW-066)","stateName":"","related":[]}