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.
Argued September 16, 2009
Decided November 6, 2009
Opinion by Judge Kavanaugh
Robert A. Graham and Edward T. Waters
Robin Meriweather and R. Craig Lawrence, Assistant United States Attorneys, Washington, DC