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

Cole, Jared P.

Library of Congress. Congressional Research Service.

关键词: Law;    Executive departments;    Judicial review;   

RP-ID  :  R44356
RP-ID  :  R44356_2016Jan29

美国|英语

来源: UNT Digital Library

【 摘 要 】

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.