The Good Cause Exception to Notice and Comment Rulemaking: Judicial Review of Agency Action

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Description

This report will examine judicial analysis of the good cause standard and map several factors that lead courts to uphold or reject agencies' invocation of the exception. Federal agencies issue numerous rules pursuant to congressionally delegated authority. The Administrative Procedure Act's (APA's) "good cause" exception, however, permits agencies to forgo Section 553's notice and comment requirement if "the agency for good cause finds" that compliance would be "impracticable, unnecessary, or contrary to the public interest" and to bypass its requirement that rules be published 30 days before implementation if good cause exists.

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22 pages.

Creation Information

Cole, Jared P. January 29, 2016.

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This report is part of the collection entitled: Congressional Research Service Reports and was provided by UNT Libraries Government Documents Department to Digital Library, a digital repository hosted by the UNT Libraries. It has been viewed 68 times , with 6 in the last month . More information about this report can be viewed below.

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Description

This report will examine judicial analysis of the good cause standard and map several factors that lead courts to uphold or reject agencies' invocation of the exception. Federal agencies issue numerous rules pursuant to congressionally delegated authority. The Administrative Procedure Act's (APA's) "good cause" exception, however, permits agencies to forgo Section 553's notice and comment requirement if "the agency for good cause finds" that compliance would be "impracticable, unnecessary, or contrary to the public interest" and to bypass its requirement that rules be published 30 days before implementation if good cause exists.

Physical Description

22 pages.

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Congressional Research Service Reports

The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1970's through the present--covering a variety of topics from agriculture to foreign policy to welfare.

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  • January 29, 2016

Added to The UNT Digital Library

  • April 4, 2016, 2:48 p.m.

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Cole, Jared P. The Good Cause Exception to Notice and Comment Rulemaking: Judicial Review of Agency Action, report, January 29, 2016; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc824581/: accessed October 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.