Administrative Procedure Act on Texas Appeals Journalhttps://texasappeals.org/topics/administrative-procedure-act/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 05 Jan 2026 07:00:00 -0600Fifteenth Court of Appeals Affirms Temporary Injunction Against Attorney General’s Prosecutor-Reporting Rules as to Named Plaintiffs, Reverses It as to Nonpartieshttps://texasappeals.org/2026/01/paxton-v-garza-local-prosecutors/Mon, 05 Jan 2026 07:00:00 -0600https://texasappeals.org/2026/01/paxton-v-garza-local-prosecutors/The court held that Section 41.006 of the Government Code does not confer rulemaking authority on the Attorney General, so the suing prosecutors showed a probable right to relief against rules requiring reports from large-county district and county attorneys. It limited the injunction to the named plaintiffs and remanded.Supreme Court Vacates Fifth Circuit Judgment on FDA Denials of Flavored E-Cigarette Applicationshttps://texasappeals.org/2025/04/fda-v-wages-and-white-lion-flavored-vapes/Mon, 28 Apr 2025 07:00:00 -0500https://texasappeals.org/2025/04/fda-v-wages-and-white-lion-flavored-vapes/A unanimous Court held that the FDA’s denial orders were sufficiently consistent with its earlier guidance on scientific evidence, comparative efficacy and device type, and so did not violate the change-in-position doctrine. It remanded the question whether the agency’s failure to consider marketing plans was harmless, holding that the Fifth Circuit had read Calcutt v. FDIC too broadly.Supreme Court Holds ATF Rule on Weapon Parts Kits and Unfinished Frames Is Not Facially Inconsistent With the Gun Control Acthttps://texasappeals.org/2025/03/bondi-v-vanderstok-ghost-gun-rule/Mon, 31 Mar 2025 07:00:00 -0500https://texasappeals.org/2025/03/bondi-v-vanderstok-ghost-gun-rule/Reviewing a Fifth Circuit judgment in a suit filed in the Northern District of Texas, the Court held that the Gun Control Act reaches at least some weapon parts kits and at least some partially complete frames or receivers, so the challenged provisions of ATF’s 2022 rule are not facially invalid. The Court did not decide whether the rule may lawfully be applied to any particular product.Fifth Circuit Holds DACA Final Rule Violates the Immigration and Nationality Act but Limits Relief to Texas and Leaves Forbearance Provisions Intacthttps://texasappeals.org/2025/01/texas-v-united-states-daca-rule/Mon, 20 Jan 2025 07:00:00 -0600https://texasappeals.org/2025/01/texas-v-united-states-daca-rule/The court held that Texas has standing under its earlier decision, that the 2022 DACA rule is materially identical to the 2012 memorandum and substantively violates the INA, and that the district court erred by not severing the rule’s forbearance provisions; it narrowed the injunction to Texas. The stay protecting existing recipients remains in place.Fifth Circuit Holds Texas Is Entitled to Preliminary Injunction Against Border Patrol Cutting of Concertina Wire Near Eagle Passhttps://texasappeals.org/2024/12/texas-v-dhs-eagle-pass-concertina-wire/Mon, 23 Dec 2024 07:00:00 -0600https://texasappeals.org/2024/12/texas-v-dhs-eagle-pass-concertina-wire/The court held that § 702 of the Administrative Procedure Act waives the United States’ sovereign immunity for Texas’s state-law trespass claims, that neither intergovernmental immunity nor 8 U.S.C. § 1252(f)(1) bars the suit, and that Texas satisfied the preliminary-injunction factors. It granted a modified injunction; Judge Ramirez dissented.