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ARTICLE · 17 JUNE 2014

Supreme Court Docket Report - June 16, 2014

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Today, the Supreme Court granted certiorari to decide whether an agency is required to follow notice-and-comment rulemaking procedures when revising interpretive regulations that resulted from notice and comment.

United StatesLitigation, Mediation & Arbitration

Today (June 16,2014), the Supreme Court granted certiorari in two cases of interest to the business community:


Administrative Procedures Act—Notice-And-Comment Requirements for Revisions to Agency Interpretations of Federal Regulations

Today, the Supreme Court granted certiorari to decide whether an agency is required to follow notice-and-comment rulemaking procedures when revising interpretive regulations that resulted from notice and comment.

Section 553(b) of the Administrative Procedure Act ("APA") generally requires an agency to employ notice-and-comment rulemaking procedures when issuing any regulations within their authority, unless the regulations consist of "interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice."  Under D.C. Circuit precedent, however, even if an agency's initial rulemaking is exempt from notice-and-comment requirements, if the agency nevertheless employs notice-and-comment

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