United States v. Billy Reynolds
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION
SMITH, Circuit Judge.
This case returns to us after the Supreme Court’s review in Reynolds v. United States, — U.S.-, 132 S.Ct. 975, 181 L.Ed.2d 935 (2012). Remand requires that we reach the merits of Reynolds’s claim that the regulatory rule upon which his indictment was based was promulgated in violation of the Administrative Procedure Act (“APA”). This claim gives rise to three questions: (1) What is the appropriate standard of review of an agency’s assertion of good cause in waiving the APA’s notice and comment requirements? (2) Did the Attorney General have good cause to waive…
2Cases cited53 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
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- Heckler v. ChaneySupreme Court of the United States · 1985
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