· 6/12/2012
MacK Trucks, Inc. v. Environmental Protection Agency
Citations
- 401 U.S. App. D.C. 194
- 682 F.3d 87
- 42 Envtl. L. Rep. (Envtl. Law Inst.) 20133
- 2012 WL 2094414
- 74 ERC (BNA) 1929
- 2012 U.S. App. LEXIS 11851
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- vacating an interim rule promulgated without notice-and-comment procedures, reasoning that § 553(b)(B) did not apply
- reviewing and vacating interim final rule even though agency was “in the process of promulgating a final rule” covering same issue
- “We have repeatedly made clear that the good cause exception is to be narrowly construed and only reluctantly countenanced.” (quotation marks omitted)
- “Because EPA lacked good cause to dispense with required notice and comment proce- dures, we conclude the IFR must be vacated without reaching Petitioners’ alternative arguments.”
- EPA interim final rule requiring penalties for sellers of non-compliant diesel engines not good cause when one manufacturer would be unable to sell the engines without the interim rule
- if belated comment-taking cured all error, “agencies would have no use for the APA”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sentelle, Brown, Griffith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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