Legal Opinion

Paralyzed Veterans of America v. Togo D. West, Jr., Acting Secretary of Veterans Affairs

Court of Appeals for the Federal Circuit

Decided March 12, 1998No. 97-7038PublishedCited by 38 opinions

1Opinion of the Court

RADER, Circuit Judge.

Paralyzed Veterans of America, Inc. (PVA) charges that the Department of Veterans Affairs repealed a regulation without advance notice and an opportunity for public comment. Upon review of the Department’s action, this court upholds as proper the repeal.

I

On March 4, 1995, the President of the United States instructed federal agencies to eliminate obsolete or unnecessary material from the Code of Federal Regulations. Pursuant to this direction, the Department repealed 38 C.F.R. § 3.101 (1996). Before this repeal, the Department did not provide advance notice or the…

2Cases cited3 opinions

  1. Berkovitz v. United StatesSupreme Court of the United States · 1988
  2. Orengo Caraballo v. ReichCourt of Appeals for the D.C. Circuit · 1993
  3. Animal Legal Defense Fund v. QuiggCourt of Appeals for the Federal Circuit · 1991

3Cited by38 opinions

  1. Rezi P. Forshey, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2002
  2. Cathedral Candle Co. v. United States International Trade CommissionCourt of Appeals for the Federal Circuit · 2005
  3. Dyment v. WestUnited States Court of Appeals for Veterans Claims · 1999
  4. Nat'l Org. Of Veterans Advocates v. Secr'y Of Veterans AffairsCourt of Appeals for the Federal Circuit · 2001
  5. Disabled American Veterans v. GoberCourt of Appeals for the Federal Circuit · 2000

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