Empire Health Foundation v. Becerra
Petition for certiorari denied on July 2, 2021Linked with:
Issues: (1) Whether agencies must accurately include
key facts and data in notices of proposed rulemaking in order to satisfy the
requirements of fair notice and the
opportunity for the public to meaningfully
comment; and (2) whether, whenever a proposal presents a
binary choice of policies, the adoption of one
of those policies will always be a “logical
outgrowth” of the proposal that can excuse
any failure to comply with notice-and-comment obligations.
