Williams v. Pierce, 708 F.2d 57 (1983)
- Citation
- Williams v. Pierce, 708 F.2d 57 (1983)
- Parent Document
- Williams v. Pierce, 708 F.2d 57 (1983)
- Jurisdiction
- United States (federal)
- Effective Date
- 1983-05-12
Other Sections in This Document (51)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
- Williams v. Pierce, 708 F.2d 57 (1983)
Full Text
1,716 chars15 In view of the October 1, 1981, effective date of the increased rent levels required by OBRA, the Secretary of HUD was obliged to effectuate the will of Congress by promulgating promptly appropriate rules and regulations to provide guidance to state housing authorities and other recipients of federal assistance grants. The record discloses that an initial draft of a proposed regulation had been prepared and circulated for internal agency review on or about September 22, 1981, some five weeks after the President had signed OBRA into law. In the course of that review questions arose as to whether the Secretary had good cause to forego prior notice and comment under HUD's own regulations, 24 C.F.R. Part 10, and could promulgate an interim rule rather than a proposed regulation. Those questions were complicated by a current district court decision in the Third Circuit which had invalidated and enjoined enforcement of "interim rules" issued by the Secretary of Health and Human Services (HHS) to implement OBRA as it applied to his agency. The district court had held that HHS in issuing interim rules had improperly avoided prior notice and comment procedures mandated by the APA, 5 U.S.C. Secs. 500-576. On appeal, however, the Third Circuit Court of Appeals reversed (one judge dissenting), holding that the Secretary had good cause to dispense with notice and comment procedures under the APA in light of his finding that congressional concern for immediate reduction in government spending, and the short time provided for implementing the statutory amendments, rendered such procedures impracticable. Philadelphia Citizens, 669 F.2d at 882, rehearing and rehearing in banc denied February 10, 1982.