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NONACQNonacquiescence (IRB)
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Buzbee, Administrative Agency Intracircuit Nonacquiescence, 85 Colum.
Indeed, the notion of agency nonacquiescence in unfavorable
If the Secretary chose nonacquiescence and did not to amend the regulation, then the result would have been an increase in litigation from hospitals across the country seeking to apply for reclassification as urban after having received a reclassification to rural in the same year, but being barred from doing so by the Reclassification Rule.
Under intercircuit nonacquiescence, agencies adopt separate and
Intercircuit nonacquiescence occurs when the court that ordinarily reviews the agency's action has not addressed a question, but a sister circuit has, and the federal agency refuses to acquiesce to the sister circuit's precedent.
Diller & Nancy Morawetz, Intracircuit Nonacquiescence and the
State-court nonacquiescence will likely prove futile, even if constitutionally permissible.
Will the IRS withdraw its nonacquiescence? Is the IRS activity like a rhyme without a reason?
107, 109 (2008) (describing how the nation's demanding need for limited water resources prompts the use of water transfers as a device to reallocate waters); Kevin Haskins, Note, A "Delicate Balance": How Agency Nonacquiescence and the EPA's Water Transfer Rule Dilute the Clean Water Act After Catskill Mountains Chapter of Trout Unlimited, Inc.
(1985) 'Administrative nonacquiescence in judicial decisions', George Washington Law Review, 53 (1-2), 147-67.
(Nonacq.) Commissioner's acquiescence (nonacquiescence)