Open Cmtys. Alliance v. Carson, 286 F. Supp. 3d 148 (2017)

Citation: Open Cmtys. Alliance v. Carson, 286 F. Supp. 3d 148 (2017)
Parent Document: Open Cmtys. Alliance v. Carson, 286 F. Supp. 3d 148 (2017)
Jurisdiction: United States (federal)
Effective Date: 2017-12-23
Original Source: https://www.courtlistener.com/opinion/7328080/open-cmtys-alliance-v-carson/ ↗

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*163Clean Air Council v. Pruitt , 862 F.3d 1, 9 (D.C. Cir. 2017) (alterations and internal quotation marks omitted). "[A]n order delaying [a] rule's effective date" is "tantamount to amending or revoking a rule." Id. at 6 ; see also Nat. Res. Def. Council v. Abraham , 355 F.3d 179, 194 (2d Cir. 2004) ("[A]ltering the effective date of a duly promulgated standard could be, in substance, tantamount to an amendment or rescission of the standard[ ]."); Envt'l Def. Fund, Inc. v. EPA , 716 F.2d 915, 920 (D.C. Cir. 1983) ("[S]uspension or delayed implementation of a final regulation normally constitutes substantive rulemaking under APA § 553."); Council of S. Mountains, Inc. v. Donovan , 653 F.2d 573, 580 n.28 (D.C. Cir. 1981) (concluding that an order "deferring the requirement that coal operators supply life-saving equipment to miners, [that] had palpable effects upon the regulated industry and the public in general," is "a substantive rule"); Nat. Res. Def. Council, Inc. v. U.S. EPA , 683 F.2d 752, 762 (3d Cir. 1982) ("If the effective date were not part of an agency statement such that material alterations in that date would be subject to the rulemaking provisions of the APA, ... an agency could guide a future rule through the rulemaking process, promulgate a final rule, and then effectively repeal it, simply by indefinitely postponing its operative date." (internal quotation marks omitted)).

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