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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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.
This report is part of the following collection of related materials.
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-1960's through 2018—covering a variety of topics from agriculture to foreign policy to welfare.
Cole, Jared P.The Good Cause Exception to Notice and Comment Rulemaking: Judicial Review of Agency Action,
report,
January 29, 2016;
Washington D.C..
(https://digital.library.unt.edu/ark:/67531/metadc824581/:
accessed March 18, 2024),
University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu;
crediting UNT Libraries Government Documents Department.