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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.