E & S Design & Development, Ltd. v. Montgomery

How later courts describe this case

• finding that agency not bound by prior errors and can take corrective action
• “[C]ourts which have considered the question have determined that no private cause of action, either explicitly or implicitly, was created or intended”
• constitutional protection accorded to right of freedom from state intrusion into personal relationships or activities
• "[T]he Artee standard is reasonable and cannot be said to conflict with the expressed intent of Congress. This is exactly the type of situation where the court should defer to the statutory construction of the agency.”