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im drew stevenson and this is a lecture about the case chocolate manufacturers association v block this is a fourth circuit court of appeals case from 1985 that addresses agency rulemaking and when is a supplemental notice required now just by way of quicker introduction for my students this case is in i teach it because its a nice case for illustrating a point obviously its not a supreme court case so its not binding precedent everywhere but it does highlight an important point to understand about notice and comment rulemaking so informal rulemaking under section 553 of the administrative procedure act requires the agencies publish a proposed rule in the federal register allow a period of public comment and then maybe make some adjustments to the rule if they want and publish a final rule and in that final rule publication they have to respond to some of the comments and so the question is what happens when the agency makes a few too many changes to the final rule and its too di
