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CHIEF PROBATION OFFICERS OF CALIFORNIA v. SHALALA

No. 96-15897.

118 F.3d 1327 (1997)

CHIEF PROBATION OFFICERS OF CALIFORNIA, and the County of Santa Barbara, California, Plaintiffs-Appellants, v. Donna SHALALA, Mary Jo Bane, and Lavinia Limon, in their official capacities, Department of Health and Human Services and Administration for Children and Families, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1997.

Attorney(s) appearing for the Case

Charles A. Miller, Phyllis D. Thompson, and Ann-Kelley Yelverton, Covington & Burling, Washington, DC, for plaintiffs-appellants.

Robert E. Keith and Charles P. Gillet, Office of General Counsel, Children, Families, and Aging Division, Department of Health and Human Services, and Frank W. Hunger, Michael J. Yamaguchi, William Kanter and Bruce G. Forrest, Department of Justice, Washington, DC, for defendants-appellees.

Before: WHITE, Associate Justice, Retired, CANBY and RYMER, Circuit Judges.

WHITE, Associate Justice, Retired:

The Department of Health and Human Services (HHS or the Agency) issued a rule that terminated federal matching funds for state juvenile justice programs. Appellants, County of Santa Barbara (County or Santa Barbara) and Chief Probation Officers of various California Counties (Officers), contend that this rule is void for failing to comply with the Administrative Procedure Act's (APA) procedural "notice and comment" requirement. We...

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