D.C. Circuit Makes It More Difficult for New Administrations to Stop “Midnight” Rules
This morning the U.S. Court of Appeals for the D.C. Circuit issued a decision that could make it more difficult for incoming presidential administrations to undo last-minute rules adopted by the outgoing administration.
In Humane Society of the United States v. Department of Agriculture (or HSUS v. USDA), a divided panel concluded that if a new regulation is finalized but has not been published in the Federal Register, it may not be rescinded without a new notice-and-comment rulemaking.
Judge Tatel wrote for the majority (joined by Judge Millett). His opinion begins:
At the culmination of a five-month rulemaking, the Department of Agriculture announced a final rule designed to protect show horses from abuse. As required
by the Federal Register Act, the agency transmitted the signed rule to the Office of the Federal Register, which made it available for public inspection. But on the day President Trump took the oath of office, his Chief of Staff directed executive agencies to withdraw all pending rules. The question in this case is w
Article from Latest