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interpretive rule

Natural Resources Defense Council v. U.S. Department of the Interior

ELR Case

A district court granted in part and denied in part DOI's motion to dismiss a challenge to its 2017 interpretation of the Migratory Bird Treaty Act that permitted the "incidental" taking of migratory birds. Environmental groups and...

Perez v. Mortgage Bankers Ass'n

ELR Case

The U.S. Supreme Court held that federal agencies need not follow the APA's formal notice-and-comment procedures when they wish to change an interpretive rule. In Paralyzed Veterans of America v. D. C. Arena L.P., 117 F. 3d 579...

Bollay v. California Office of Administrative Law

ELR Case

A California appellate court invalidated a state policy prohibiting development seaward of the most landward historical position of the mean high tide line. The policy is an invalid underground regulation because it was not promulgated...