Which case established that the location of ex parte communications during informal rulemaking does not determine illegality and rejected location-based limits?

Which case established that the location of ex parte communications during informal rulemaking does not determine illegality and rejected location-based limits?

• A. Home Box Office v. FCC
• B. Vermont Yankee Nuclear Power Corp. v. NRDC
• C. Sierra Club v. Costle
• D. Citizens to Preserve Overton Park v. Volpe

Answer: (C)

In informal rulemaking, the critical point is not where a contact happens but whether the agency’s decision rests on an adequate, fair record that allows all interested parties to participate and respond. Sierra Club v. Costle directly addresses this by rejecting the idea that the illegality of ex parte communications turns on their location. The court ruled that simply where a communication occurs does not automatically invalidate the rule; what matters is that the agency kept a proper record and provided a meaningful opportunity for comment, so the final rule is supported by the record as a whole. This case thus defeats any notion that location-based limits determine illegality, emphasizing process fairness and record sufficiency over where a communication took place.

In informal rulemaking, the critical point is not where a contact happens but whether the agency’s decision rests on an adequate, fair record that allows all interested parties to participate and respond. Sierra Club v. Costle directly addresses this by rejecting the idea that the illegality of ex parte communications turns on their location. The court ruled that simply where a communication occurs does not automatically invalidate the rule; what matters is that the agency kept a proper record and provided a meaningful opportunity for comment, so the final rule is supported by the record as a whole. This case thus defeats any notion that location-based limits determine illegality, emphasizing process fairness and record sufficiency over where a communication took place.