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ARTICLE · 09 MARCH 2015

Supreme Court Decision Alert - March 9, 2015

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Administrative Procedure Act—Notice-And-Comment Requirements for Revisions to Agency Interpretations of Federal Regulations; Nondelegation Doctrine—Passenger Rail Investment and Improvement Act

United StatesLitigation, Mediation & Arbitration
Richard Katskee
Richard Katskee
Brian Netter
Brian Netter
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Today, the Supreme Court issued two decisions, described below, of interest to the business community.

  • Administrative Procedure Act—Notice-And-Comment Requirements for Revisions to Agency Interpretations of Federal Regulations
  • Nondelegation Doctrine—Passenger Rail Investment and Improvement Act

Requirements for Revisions to Agency Interpretations of Federal Regulations

Perez v. Mortgage Bankers Association, No. 13-1041 (described in the June 16, 2014, Docket Report)

The Administrative Procedure Act ("APA") requires agencies to use notice-and-comment rulemaking when issuing regulations within their authority unless the regulations consist of "interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice." Despite that statutory requirement, the nation's leading court on administrative law—the U.S. Court of Appeals for the D.C. Circuit—has long followed its Paralyzed Veterans doctrine, which requires

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