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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hussion v. Madigan, 950 F.2d 1546 (1992)

Citation
Hussion v. Madigan, 950 F.2d 1546 (1992)
Parent Document
Hussion v. Madigan, 950 F.2d 1546 (1992)
Effective Date
1992-01-24

Other Sections in This Document (46)

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We are unpersuaded by appellees' further arguments as to the adequacy of the FmHA's responses to comments that were critical of the proposed regulation. The APA does not require the Agency to respond to comments which, in essence, reflect a policy-based preference for the most exacting guarantees of due process over the interest shared by owners and other tenants in minimizing the cost and delay of good-cause evictions. "Under the 'arbitrary and capricious' standard of review, an agency is ... required to respond to significant comments that cast doubt on the reasonableness of the rule the agency adopts." Baltimore Gas and Elec. Co. v. United States, 817 F.2d 108, 116 (D.C.Cir.1987). Given that the significant objections raised by the amendment's opponents are, on the record, accounted for in the Agency's action and furthermore fall far short of indicating any clear error of judgment by the Agency, the arbitrary and capricious standard provides no basis to set aside the 1983 amendment. III. CONCLUSION