Title 34

SECTION 9.2

9.2 References.

§ 9.2 References.

(a) U.S. Const., including art. I sections 7, 8; art. II section 3. U.S. Const. amend. I and V.

(b) Administrative Procedure Act (APA), 5 U.S.C. 552(a)(l), 553, 556, 555, and 557, which prescribe general procedural requirements of law applicable to all Federal agencies regarding the formulation and issuance of regulations.

(c) Controlling Supreme Court decisions, including Bostock v. Clayton Cnty., 140 U.S. 1731 (2020); Kisor v. Wilkie, 139 S. Ct. 2400 (2019); Dimya v. Sessions, 138 S. Ct. 1204 (2018); Nat'l Ass'n of Mfrs. v. Dep't of Def., 138 S. Ct. 617 (2018); Yates v. United States, 574 U.S. 528 (2015); Util. Air Regulatory Grp. v. EPA, 573 U.S. 302 (2014); City of Arlington v. FCC, 569 U.S. 290 (2013); FCC v. Fox Television Stations, Inc., 567 U.S. 239 (2012); Christopher v. SmithKline Beecham Corp., 567 U.S. 142 (2012); Nat'l Ass'n of Homebuilders v. Defenders of Wildlife, 551 US 644 (2007); United States v. Mead Corp., 533 U.S. 218 (2001); and Chevron U.S.A. Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 (1984).

(d) Executive Order 12866, “Regulatory Planning and Review” (Sept. 3, 1993), which sets forth a regulatory philosophy and principles to which all Federal agencies should adhere, including requirements to regulate in the most cost-effective manner, to make a reasoned determination that the benefits of the intended regulations justify its costs, and to develop regulations that impose the least burden on society.

(e) Executive Order 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents” (Oct. 9, 2019), which provides direction to agencies on the use of guidance documents and directs them to publish regulations that set forth processes and procedures for issuing guidance documents.

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