United States DC Circuit

Judgment vacating policy announcements of agency defendant for lack of notice and comment rulemaking and ordering approval of agency-plaintiff's cost allocation plan is remanded for reconsideration where the district court erred in ordering relief beyond that requested by plaintiff, and abused its discretion in requiring approval of the plan.

Appellate Information

• Argued 11/17/2005
• Decided 01/27/2006
• Published 01/31/2006

Judges

• Before:  GINSBURG, Chief Judge, and GARLAND and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Wendy M. Keats, Attorney, U.S. Department of Justice, argued the cause for appellants.   With her on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and Barbara C. Biddle, Assistant Director.  Claire M. Whitaker, Michael J. Ryan, and R. Craig Lawrence, Assistant U.S. Attorneys, entered appearances.


• For Appellees:
  
• Phyllis D. Thompson argued the cause for appellee.   With her on the brief was Jon C. Bruning, Attorney General, Attorney General's Office of State of Nebraska.