§8381

1 cases·1 cited

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1 Citing Cases

need to satisfy any of its requirements. The opinion of the Court seems to forget that a defect with respect to one aspect of a regulation can invalidate the entire rule. See 33 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 8381 (2d ed. 2022) (“Sometimes a court will determine that a portion of a complex agency action (generally a rule) is legally defective but that the remainder of the action is not. This situation raises the question of severance—i.e., whether the c

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