Skip to main content
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 (42)

Full Text

1,240 chars
To demonstrate the shortfall of the Agency’s response, the district court cited additional objections to the Agency’s proposed reliance on state judicial process, and found that “[a]t no place in the record does FmHA attempt to refute specific allegations concerning state laws made by opponents of the change.” Hussion, 741 F.Supp. at 1568. Those other challenges, however, were grounded in due process interests not mandated by the statute authorizing the review process in the first *1554place. Concerns about the adequacy of state law in the areas of discovery rights or the implied warranty of habitability, for example, simply do not command the attention of FmHA in administering Section 1480(g). To the extent that these challenges to the proposed rule illuminated “important aspects of the problem,” moreover, we are unable to find on this record that the Agency’s limited acknowledgment of general due process concerns evinces an “entire[ ] fail[ure]” to consider them. Motor Vehicle Mfrs. Ass’n, 463 U.S. at 43,103 S.Ct. at 2867. In short, we decline the appellees’ invitation to require an agency to accord greater weight to aspects of a policy question than the agency’s enabling statute itself assigns to those considerations.