Administrative Law – Procedural requirements

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U.S. Supreme Court

Civil

Administrative Law – Procedural requirements

The APA’s rulemaking provisions cannot be expanded by judicial decision.

This straightforward reading of the APA harmonizes with longstanding principles of this Court’s administrative law jurisprudence, which has consistently held that the APA “sets forth the full extent of judicial authority to review executive agency action for procedural correctness,” FCC v. Fox Television Stations, Inc., 556 U. S. 502, 513. The APA’s rulemaking provisions are no exception: §4 establishes “the maximum procedural requirements” that courts may impose upon agencies engaged in rulemaking. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., 435 U. S. 519, 524. By mandating notice-and-comment procedures when an agency changes its interpretation of one of the regulations it enforces, Paralyzed Veterans creates a judge-made procedural right that is inconsistent with Congress’ standards.

720 F. 3d 966, reversed.

13-1041 & 13-1052 Perez v. Mortgage Bankers Ass’n.

Sotomayor, J.; alito, J., concurring; Scalia, J., concurring; Thomas, J., concurring.

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