In an action challenging the Department of Health and Human Services’ (HHS) decision to terminate plaintiff-school district’s Head Start funds as arbitrary and capricious under the Administrative Procedure Act, summary judgment for defendants is affirmed where the plain terms of HHS regulations required plaintiff, after it received an initial notice, to ensure that it did not have “undesirable and hazardous materials and conditions” at any of its playgrounds, and plaintiff failed to comply with that obligation.
Read Camden County Council on Econ. Dev. v. US Dep’t of Health & Hum. Servs., No. 08-5396
Appellate Information
Argued September 16, 2009
Decided November 6, 2009
Judges
Opinion by Judge Kavanaugh
Counsel
For Appellant:
Robert A. Graham and Edward T. Waters
For Appellees:
Robin Meriweather and R. Craig Lawrence, Assistant United States Attorneys, Washington, DC
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