This morning the U.S. Court of Appeals for the D.C. Circuit issued a decision that could make it more difficult for incoming presidential administrations to undo last-minute rules adopted by the outgoing administration.
In Humane Society of the United States v. Department of Agriculture (or HSUS v. USDA), a divided panel concluded that if a new regulation is finalized but has not been published in the Federal Register, it may not be rescinded without a new notice-and-comment rulemaking.
Judge Tatel wrote for the majority (joined by Judge Millett). His opinion begins:
