TRO issues preventing Chapter 154 regulations from taking effect
Posted on: 10/21/2013 09:42:13 AM by Peoples
On October 18, 2013, Judge Wilken of the United States District Court for the Northern District of California issued a Temporary Restraining Order ("TRO") prohibiting the Attorney General's Final Rule concerning the certification of states for compliance with Chapter 154 of Title 28 from going into effect.  Judge Wilken found: (1) the Final Rule likely did not give adequate notice of the Attorney General's view that the certification process is not subject to APA requirements governing rulemaking; and (2) Plaintiff's have shown a likelihood of success on the merits on their claim that the Final Rule is arbitrary and capricious under the APA.  The TRO will expire on November 1, 2013.  A hearing on Plaintiff's request for a preliminary injunction will be held on October 31, 2013.