In addition to questions about this being a political stunt, Zinkes decision may have violated the Administrative Procedure Act
, which requires that agency actions have reasonable rationale and not be arbitrary and capricious.
Due to pending litigation challenging the BDR regulations, the Department is delaying the effective date pursuant to Section 705 of the Administrative Procedure Act
20) In a concurrence, Justice Scalia observed that [section]706 of the Administrative Procedure Act
(APA) specifically requires courts to clarify ambiguities in statutes and regulations.
Moreover, substantive changes to items should only be made in cases in which they are required, pursuant to the Administrative Procedure Act
, as a response to new arguments made in a Commissioner's dissenting statement.
district judge in Brownsville, who ruled that it violated the Administrative Procedure Act
, which governs how federal regulations are made and how much input the public has.
The Administrative Procedure Act
prevents agencies from inventing entirely new rules without first obtaining public feedback.
As per the report, the Fed might not have complied with the so-called Administrative Procedure Act
, which states that federal agencies must provide the public notice of proposed rules and an opportunity to comment on them.
CenturyLink senior vice president, public policy and government relations John Jones said the FCC's reliance on a non-peer reviewed revised report would violate the administrative procedure act
(APA) and "exacerbate the commission's violation of the data quality act (DQA).
Oversized White House participation could violate the Administrative Procedure Act
, which requires rulemaking remains within the auspices of the agency that is proposing the rule.
The NCUA replied with a letter from general counsel Mark McKenna, dated July 30, which called out Ito for publicly requesting a public evaluation of "differing legal conclusions about whether the OTR or its methodology are subject to the notice and comment requirements under the Administrative Procedure Act
Several food safety, environmental and public health groups have filed separate lawsuits charging that the Environmental Protection Agency is in violation of the Administrative Procedure Act
because it has failed to respond in a timely fashion to earlier petitions calling for agency to regulate air pollution emitted from concentrated animal feeding operations (CAFOs).
The final Procedures rule violates the National Labor Relations Act and the Administrative Procedure Act
, the lawsuit contends, as well as employers' free speech and due process constitutional rights.