ACUS Announces New Sourcebook, Study of Federal Judicial Review Statutes

Contact: Harry M. Seidman

ACUS Announces New Sourcebook, Study of Federal Judicial Review Statutes

Washington, D.C., June 2, 2022 – The Administrative Conference of the United States (ACUS) is pleased to announce the publication of the Sourcebook of Federal Judicial Review Statutes, by Professor Jonathan R. Siegel. 

Siegel is the F. Elwood and Eleanor Davis Research Professor of Law at the George Washington University Law School.

Based on a survey of the entire United States Code, the Sourcebook comprehensively analyzes more than 650 statutory provisions that govern how federal courts review agency rules and orders. It addresses topics including who can seek judicial review of agency actions, when and in which courts individuals can seek judicial review, what standards and evidence courts use to evaluate agency actions, and what remedies courts can provide when they find agency actions to be unlawful.

The Sourcebook also includes a checklist to help Congress draft new or amend existing judicial review statutes.

spreadsheet cataloging all statutory provisions identified as part of the survey is available on ACUS’s website. ACUS staff attorneys helped Professor Siegel identify relevant statutory provisions and code them for various characteristics. 

Board of Advisors also provided input and advice throughout the project.

ACUS relied on Professor Siegel’s research for the Sourcebook when it adopted Recommendation 2021-5Clarifying Statutory Access to Judicial Review of Agency Action, last year. That Recommendation urged Congress to enact a cross-cutting statute that addresses certain recurring technical problems that may cause unfairness, inefficiency, or unnecessary ligation. Recommendation 2021-5 also offered drafting principles for Congress when it writes new or amends existing judicial review statutes.

proposed cross-cutting statute based on Recommendation 2021-5, developed by an ACUS working group, was transmitted to key congressional committees earlier this year. 

Recommendation 2021-5 also identified topics related to judicial review of agency action that warrant further study. ACUS recently launched a new project, Timing of Judicial Review of Agency Action, that will address several of those topics. ACUS has engaged John Duffy and Aditya Bamzai, both professors at the University of Virginia School of Law, to prepare a report.

About ACUS

The Administrative Conference of the United States is an independent federal agency dedicated to improving the administrative process through consensus-driven applied research and providing nonpartisan expert advice and recommendations for federal agency procedures. Its membership is composed of senior federal officials, academics, and other experts from the private sector. Except for the Chairman, all Conference Members are unpaid. 

The Conference is committed to promoting effective public participation and efficiency in the rulemaking process by leveraging interactive technologies and encouraging open communication with the public as well as making improvements to the regulatory process by reducing unnecessary litigation, and improving the use of science and the effectiveness of applicable laws.

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