Congress set up an administrative agency called the Landfill Commission. Congress delegates the authority to the Commission to promulgate regulations to reduce solid waste going into landfills. Without notice to the public, the Commission finalized a rule that milk could no longer be sold in plastic containers. It could only be sold in cardboard containers. Interstate Dairies was fined for selling milk in plastic containers. It challenges the validity of the regulation based on the Administrative Procedures Act. Is the rule legally enforceable? Explain.
Congress set up an administrative agency called the Landfill Commission. Congress delegates the authority to the Commission to promulgate regulations to reduce solid waste going into landfills. Without notice to the public, the Commission finalized a rule that milk could no longer be sold in plastic containers. It could only be sold in cardboard containers. Interstate Dairies was fined for selling milk in plastic containers. It challenges the validity of the regulation based on the Administrative Procedures Act. Is the rule legally enforceable? Explain.
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