On Wednesday, the U.S. District Court for the District of Columbia Circuit denied the Secretary of Interior’s motion to vacate the final 2008 stream buffer zone rule without going through the proper rulemaking process.  Judge Henry Kennedy stated that: 

·         “…by granting the Federal defendants’ motion would wrongfully permit the Federal defendants to bypass established statutory procedures for repealing an agency rule. The Administrative Procedures Act (APA) requires government agencies to follow certain procedures, including providing for public notice and comment, before enacting or amending a rule…An agency must follow the same procedures in order to repeal a rule…”