Appalachian Power Co. v. EPA, 208 F.3d 1015 (D.C. Cir. 2000) (CAP text)

The record

Level

Legal authority

Authority

Appalachian Power Co. v. EPA, 208 F.3d 1015 (D.C. Cir. 2000) (CAP text)

Issued

2000-04-14 Apr. 14, 2000

In force

Apr. 14, 2000 (no end date recorded; counted as in force for 120 days)

Character

case

Operative words

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's document is for all practical purposes "binding." (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 "marching orders" and EPA expects the States to fall in line (at 1023)

Notes