MAHMOOD v. MAYORKAS  ·  2023-09-28  ·  E.D. Pennsylvania  ·  pin 935 F.2d at 1303

“[A]n agency can declare tts understanding of what a statute requires without providing notice and comment, but an agency cannot go beyond the text of a statute and exercise its delegated powers without first providing adequate notice and comment.”

TX Assn of Manufacturers v. CPSC  ·  2021-03-01  ·  Fifth Circuit  ·  pin 935 F.2d at 1303

“The fact that some commenters actually submitted comments suggesting the creation of administrative exemptions is of little significance.”

Am. Hosp. Ass'n v. Azar  ·  2019-05-06  ·  D.C. Circuit  ·  pin 935 F.2d at 1303

"[W]hen equity demands, an unlawfully promulgated regulation can be left in place while the agency provides the proper procedural remedy."

American Hospital Association  ·  2019-05-06  ·  District of Columbia  ·  pin 935 F.2d at 1303

“[W]hen equity demands, an unlawfully promulgated regulation can be left in place while the agency provides the proper procedural remedy.”

Hispanic Affairs Project v. R. Alexander Acosta  ·  2018-08-17  ·  D.C. Circuit  ·  pin 935 F.2d at 1303

"[T]his exhaustion requirement is prudential and must be applied flexibly with an eye toward its underlying purposes."