Agency Litigation Webpages

Recommendation 2020-6, Agency Litigation Webpages – offers agencies best practices for making their federal court filings and relevant court opinions available to the public on their websites, with particular emphasis on materials from litigation dealing with agency regulatory programs. It provides guidance on the types of litigation materials that will be of greatest interest to the public and on how agencies can disseminate the materials in a way that makes them easy to find.

Citation: Admin. Conf. of the U.S., Recommendation 2020-6, Agency Litigation Webpages, 86 Fed. Reg. 6624 (Jan. 22, 2021). 

Contacts

Implementation Contact and In-House Researcher
202.480.2091
mthomson@acus.gov
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Committee: 

Final Recommendation

  • Recommendation number: 2020-6
  • Adopted on: December 17, 2020
  • Committees: Judicial Review

Federal agencies and their component units[1] participate in thousands of court cases every year. Most such cases result in “agency litigation materials,” which this Recommendation defines as including agencies’ publicly filed pleadings, briefs, and settlements, as well as court decisions, where such materials bear on agencies’ regulatory or enforcement activities.

Public access to agency litigation materials is desirable for...

Project Documents

Name Committee Type Date
07-28-2020 Agenda Judicial Review Agenda July 27, 2020 Download
08-19-20 Committee Meeting Agenda Judicial Review Agenda August 19, 2020 Download
Agency Litigation Webpages Judicial Review Recommendation December 31, 2020 Download
Agenda for November 12, 2020 Committee Meeting Judicial Review Agenda November 11, 2020 Download
Comment and Suggested Edits from Senior Fellow Alan Morrison (8.14.20) Judicial Review Member Comment August 14, 2020 Download
Comment by American Association of Law Libraries Judicial Review Public Comment November 9, 2020 Download
Comment by Brady Toensing (of the Department of Justice) Judicial Review Member Comment November 10, 2020 Download
Comment from NOSSCR (8.18.20) Judicial Review Public Comment August 18, 2020 Download
Comment from Public Member Andrew Vollmer (8.18.20) Judicial Review Member Comment August 18, 2020 Download
Comment from Public Member Emily S. Bremer Judicial Review Member Comment December 14, 2020 Download
Comment from Public Member Jonathan Siegel (8.17.20) Judicial Review Member Comment August 17, 2020 Download
Comment from Senior Fellow Alan B. Morrison Judicial Review Member Comment December 8, 2020 Download
Comment from Special Counsel Jeffrey S. Lubbers Judicial Review Member Comment December 11, 2020 Download
Draft Recommendation on Agency Litigation Webpages 11.13.20 Judicial Review Recommendation November 13, 2020 Download
Draft Recommendations - Agency Litigation Webpages Judicial Review Recommendation July 14, 2020 Download
Draft Report - Agency Litigation Webpages Judicial Review Report June 30, 2020 Download
Draft Report - Agency Litigation Webpages (as updated 7-24-2020) Judicial Review Report July 24, 2020 Download
Proposed Recommendation for Plenary - Agency Litigation Webpages - Redline Judicial Review Recommendation December 14, 2020 Download
Proposed Recommendation for Plenary CLEAN 12 17 2020 (Agency Litigation Webpages) Judicial Review Recommendation December 4, 2020 Download
Proposed Recommendation from Committee - Agency Litigation Webpages Judicial Review Recommendation November 30, 2020 Download
Report on Agency Litigation Webpages Final Report Judicial Review Report November 24, 2020 Download
Revised Draft Recommendations - Agency Litigation Webpages Judicial Review Recommendation August 13, 2020 Download
Suggested Edits from Counsel at the Internal Revenue Service (8.19.20) Judicial Review Member Comment August 19, 2020 Download
Updated Draft Recommendations 10.30.20 Judicial Review Recommendation October 30, 2020 Download

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