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
Original Source: https://www.courtlistener.com/opinion/419144/williams-v-pierce/ ↗

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Moreover, under the analogous provisions of the APA, 5 U.S.C. Sec. 553(b)(B), exceptions to the requirement of a public comment period are permitted only in the narrowest of circumstances, such as when advance notice would adversely affect the market being regulated, see Nader v. Sawhill, 514 F.2d 1064, 1068-69 (Em.App.1975), or when the agency has a truly imminent statutory deadline, see Philadelphia Citizens in Action v. Schweiker, 669 F.2d 877 (3d Cir.1982) (agency given 49 days to act); see also National Nutritional Foods Association v. Kennedy, 572 F.2d 377, 383-86 (2d Cir.1978) (rejecting agency argument that notice and public comment were properly omitted under Sec. 553(b)(B)). Indeed, several courts have rejected agency claims of exigent circumstances even in the face of a congressionally-imposed "tight schedule," see, e.g., State of New Jersey v. EPA, 626 F.2d 1038, 1042-48 (D.C.Cir.1980); U.S. Steel Corp. v. EPA, 595 F.2d 207, 213, modified on other grounds, 598 F.2d 915 (5th Cir.1979); see also American Iron and Steel Institute v. EPA, 568 F.2d 284, 291-92 (3d Cir.1977). Since HUD has provided the court with no plausible reason why it could not have given the public the brief comment period to which it was entitled, I would not make an exception in the present case.1

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