Understanding DC Circ.'s Agency Rule Withdrawal Debate
Litigation and Dispute Resolution attorney Steven Gordon wrote an article for Law360 about a recent U.S. Court of Appeals for the District of Columbia decision regarding agency rule withdrawals. The Administrative Procedure Act (APA) requires notice and public comment before an agency repeals an existing rule, or regulation, as well as when it promulgates a new rule. But an agency can withdraw a proposed or draft rule before it takes effect without going through the notice and comment process. Exactly "when a rule passes this regulatory point of no return" is the subject of court's decision and has caused a debate between the majority and the dissent. Mr. Gordon takes a look at the arguments made from both sides and offers his observations on the matter.