5 U.S.C. § 808

Effective date of certain rules

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Notwithstanding section 801—(1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping, or(2) any rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest,shall take effect at such time as the Federal agency promulgating the rule determines.(Added Pub. L. 104–121, title II, § 251, Mar. 29, 1996, 110 Stat. 874.)
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2002–2022 · leading case: Ctr. for Bio. Diversity v. David Bernhardt, 946 F.3d 553 (9th Cir. 2019).
Ctr. for Bio. Diversity v. David Bernhardt, 946 F.3d 553 (9th Cir. 2019). “at 52248; 5 U.S.C. § 808 (providing that a rule relating to a “regulatory program” for hunting “shall take effect at such time as the Federal agency promulgating the rule determines”).”
Earl C. McDaniels v. United States of Am., Randolph F. Lovett v. United States of Am., Alton E. Brown, Jr. v. United States, 300 F.3d 407 (4th Cir. 2002). “Congress also provided that any such regulations take effect immediately under 5 U.S.C. § 808 , before congressional review is undertaken pursuant to 5 U.”
United States v. Reece, 956 F. Supp. 2d 736 (W.D. La. 2013). · cites it 3× “Despite the Administrator’s invocation 3 of the so-called “good cause” provision, codified at 5 U.S.C. § 808 (2), the Court agrees with the Magistrate Judge that further discussion of that issue is pretermitted by our finding that the DEA complied with the procedural…”
Ctr. for Biological Diversity v. Zinke, 313 F. Supp. 3d 976 (D. Alaska 2018). · cites it 2× “89 5 U.S.C. § 808 provides that "any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping .”
Tabacos de Wilson, Inc. v. United States, 2018 CIT 138 (Ct. Intl. Trade 2018). “During the conference, the Government asserted that the NPRM falls under the 5 U.S.C. § 808 good cause exception to this publishing rule and the NPRM specifies that the regulation will become effective upon publication, except for a limited set of provisions regarding the…”
Livingston Educ. Serv. Agency v. Dep't of Health & Human Servs., Sec'y of (E.D. Mich. 2022). “See 5 U.S.C. § 808 (2) (excusing compliance with the Congressional Review Act for good cause).”
McDaniels v. United States (4th Cir. 2002). “Congress also provided that any such regulations take effect immediately under 5 U.S.C. § 808 , before congressional review is undertaken pursuant to 5 U.”
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