Patrick D. Hoctor v. United States Department of Agriculture

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that, unless an exception applies, a \rule promulgated by an agency that is subject to the [APA] is invalid unless the agency\ follows notice-and- comment procedures
• limiting interpretive rules to those that “can be derived from the regulation by a process reasonably described as interpretation”
• “We are not saying that an interpretive rule can never have a numerical component,” as “the use of a number as a rule of thumb to guide the application of a general norm will often be legitimately interpretive.”
• addressing only whether a rule was substantive or interpretive
• “Notice and comment rulemaking . . . facilitates the marshaling of opposition to a proposed rule, and may result in the creation of a very long record that may in turn provide a basis for a judicial challenge to the rule if the agency decides to promulgate it.”

Source: CourtListener parenthetical corpus (CC0).