Legal Opinion

Patrick D. Hoctor v. United States Department of Agriculture

Court of Appeals for the Seventh Circuit

Decided April 25, 1996No. 95-2571PublishedCited by 61 opinions

1Opinion of the Court

POSNER, Chief Judge.

A rule promulgated by an agency that is subject to the Administrative Procedure Act is invalid unless the agency first issues a public notice of proposed rulemaking, describing the substance of the proposed rule, and gives the public an opportunity to submit written comments; and if after receiving the comments it decides to promulgate the rule it must set forth the basis and purpose of the rule in a public statement. 5- U.S.C. §§ 553(b), (c). These procedural requirements do not apply, however, to “interpretative rules, general statements of policy, or rules of agency…

2Cases cited6 opinions

  1. Stinson v. United StatesSupreme Court of the United States · 1993
  2. A.W. Hemmings v. Harold BarianCourt of Appeals for the Seventh Circuit · 1987
  3. United States v. Concepcion PicciottoCourt of Appeals for the D.C. Circuit · 1989
  4. American Mining Congress v. Mine Safety & Health AdministrationCourt of Appeals for the D.C. Circuit · 1993
  5. St. Mary's Hospital of Troy v. Blue Cross & Blue Shield Ass'n/Blue Cross & Blue Shield of Greater New YorkCourt of Appeals for the Second Circuit · 1986

1 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Reymundo Mendoza v. Thomas PerezCourt of Appeals for the D.C. Circuit · 2014
  2. Gallo v. Amoco Corp.Court of Appeals for the Seventh Circuit · 1996
  3. Municipio de San Juan v. Junta de Calidad AmbientalSupreme Court of Puerto Rico · 2000
  4. United States v. Jennifer RiccardiCourt of Appeals for the Sixth Circuit · 2021
  5. American Amusement MacHine Association v. Teri KendrickCourt of Appeals for the Seventh Circuit · 2001

56 more not listed; retrieve them via the Exa API.

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