Camp v. Pitts 8212 864, No. 72

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation93 S.Ct. 1241,36 L.Ed.2d 106,411 U.S. 138
Docket NumberNo. 72
Decision Date26 March 1973
PartiesWilliam B. CAMP, Comptroller of the Currency of the United States v. F. W. PITTS et al. —864

411 U.S. 138
93 S.Ct. 1241
36 L.Ed.2d 106
William B. CAMP, Comptroller of the Currency of the United States

v.

F. W. PITTS et al.

No. 72—864.
March 26, 1973.

PER CURIAM.

In its present posture this case presents a narrow, but substantial, question with respect to the proper procedure to be followed when a reviewing court determines that an administrative agency's stated justification for informal action does not provide an adequate basis for judicial review.

In 1967, respondents submitted an application to the Comptroller of the Currency for a certificate authorizing them to organize a new bank in Hartsville, South Carolina. See 12 U.S.C. § 27; 12 CFR § 4.2 (1972). On the basis of information received from a national bank examiner and from various interested parties, the Comptroller denied the application and notified respondents of his decision through a brief letter, which stated in part: '(W)e have concluded that the factors in support of the establishment of a new National Bank in this area

Page 139

are not favorable.' No formal hearings were required by the controlling statute or guaranteed by the applicable regulations, although the latter provided for hearings when requested and when granted at the discretion of the Comptroller.1 Respondents did not request a formal hearing but asked for reconsideration. That request was granted and a supplemental field examination was conducted, whereupon the Comptroller again denied the application, this time stating in a letter that 'we were unable to reach a favorable conclusion as to the need factor,' and explaining that conclusion to some extent.2 Respondents then brought an action in federal district court seeking review of the Comptroller's decision. The entire administrative record was placed before the court, and, upon an examination of that record and of the two letters of explanation, the court granted summary judgment against respondents, holding that de novo review was not warranted in the circumstances and finding that 'although the Comptroller may have erred, there is substantial basis for his determination, and . . . it was neither capricious nor arbitrary.' D.C., 329 F.Supp. 1302, 1308. On appeal, the Court of Appeals did not reach the merits. Rather, it held that the Comptroller's ruling

Page 140

was 'unacceptable' because 'its basis' was not stated with sufficient clarity to permit judicial review. 4 Cir., 463 F.2d 632, 633. For the present, the Comptroller does not challenge this aspect of the court's decision. He does, however, seek review here of the procedures that the Court of Appeals specifically ordered to be followed in the District Court on remand. The court held that the case should be remanded 'for a trial de novo before the District Court' because 'the Comptroller has twice inadequately and inarticulately resolved the (respondents') presentation.' The court further specified that in the District Court, respondents 'will open the trial with proof of their application and compliance with the statutory inquiries, and proffer of any other relevant evidence.' Then, '(t)estimony may . . . be adduced by the Comptroller or intervenors manifesting opposition, if any, to the new bank.' On the basis of the record thus made, the District Court was instructed to make its own findings of fact and conclusions of law in order to determine 'whether the (respondents) have shown by a preponderance of evidence that the Comptroller's ruling is capricious or an abuse of discretion.' 463 F.2d, at 634.

We agree with the Comptroller that the trial procedures thus outlined by the Court of Appeals for the remand in this case are unwarranted under present law.

Unquestionably, the Comptroller's action is subject to judicial review under the Administrative Procedure Act (APA), 5 U.S.C. § 701. See Association of Data Processing Service Organizations, Inc. v. Camp, 397 U.S. 150, 156—158, 90 S.Ct. 827,...

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2049 practice notes
  • Natural Resources Defense Council, Inc. v. U.S. E.P.A., Nos. 84-3530
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • April 30, 1986
    ...discerned." Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc. [419 U.S.] at 286 [95 S.Ct. at 442]. See also Camp v. Pitts, 411 U.S. 138, 142-43 (1973) (per curiam Motor Vehicle Manufacturers Ass'n v. State Farm Mutual, 463 U.S. 29, 43, 103 S.Ct. 2856, 2866, 77 L.Ed.2d 443 (1......
  • Empresa Cubana Exportadora v. U.S. Dept. of Treas., Civil Action No. 06-1692(RCL).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 27, 2007
    ...is not sustainable on the administrative record," the court should remand to Page 54 the agency for further consideration. Camp v. Pitts, 411 U.S. 138, 141, 93 S.Ct. 1241, 36 L.Ed.2d 106 C. APA Scope of Review The APA does not require agencies to hold hearings or to make formal findings of ......
  • New Mexico Health Connections v. U.S. Dep't of Health & Human Servs., No. CIV 16-0878 JB\JHR
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • October 19, 2018
    ...are thus distinguishable, for they remanded to obtain sufficient information on which to base their review. See, e.g., Camp v. Pitts, 411 U.S. 138, 142-43 (1973)(per curiam)("If . . . there was such failure to explain administrative action as to frustrate effective judicial review, the reme......
  • Humane Soc'y of U.S. v. Jewell, Civil Action No. 13–186 BAH
    • United States
    • United States District Courts. United States District Court (Columbia)
    • December 19, 2014
    ...the APA, “[t]he focal point for judicial review should be the administrative record already in existence ....” (quoting Camp v. Pitts, 411 U.S. 138, 142, 93 S.Ct. 1241, 36 L.Ed.2d 106 (1973) ).B. Chevron Framework The familiar two-step process set out in Chevron U.S.A., Inc. v. Natural Reso......
  • Request a trial to view additional results
2047 cases
  • Natural Resources Defense Council, Inc. v. U.S. E.P.A., Nos. 84-3530
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • April 30, 1986
    ...discerned." Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc. [419 U.S.] at 286 [95 S.Ct. at 442]. See also Camp v. Pitts, 411 U.S. 138, 142-43 (1973) (per curiam Motor Vehicle Manufacturers Ass'n v. State Farm Mutual, 463 U.S. 29, 43, 103 S.Ct. 2856, 2866, 77 L.Ed.2d 443 (1......
  • Empresa Cubana Exportadora v. U.S. Dept. of Treas., Civil Action No. 06-1692(RCL).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 27, 2007
    ...is not sustainable on the administrative record," the court should remand to Page 54 the agency for further consideration. Camp v. Pitts, 411 U.S. 138, 141, 93 S.Ct. 1241, 36 L.Ed.2d 106 C. APA Scope of Review The APA does not require agencies to hold hearings or to make formal findings of ......
  • New Mexico Health Connections v. U.S. Dep't of Health & Human Servs., No. CIV 16-0878 JB\JHR
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • October 19, 2018
    ...are thus distinguishable, for they remanded to obtain sufficient information on which to base their review. See, e.g., Camp v. Pitts, 411 U.S. 138, 142-43 (1973)(per curiam)("If . . . there was such failure to explain administrative action as to frustrate effective judicial review, the reme......
  • Humane Soc'y of U.S. v. Jewell, Civil Action No. 13–186 BAH
    • United States
    • United States District Courts. United States District Court (Columbia)
    • December 19, 2014
    ...the APA, “[t]he focal point for judicial review should be the administrative record already in existence ....” (quoting Camp v. Pitts, 411 U.S. 138, 142, 93 S.Ct. 1241, 36 L.Ed.2d 106 (1973) ).B. Chevron Framework The familiar two-step process set out in Chevron U.S.A., Inc. v. Natural Reso......
  • Request a trial to view additional results

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