Recommendation 2021-5, Clarifying Statutory Access to Judicial Review of Agency Action – urges Congress to enact a cross-cutting statute that addresses certain recurring technical problems in statutory provisions governing judicial review of agency action that may cause unfairness, inefficiency, or unnecessary litigation. It also offers drafting principles for Congress when it writes new or amends existing judicial review statutes. It draws in large part on ACUS’s forthcoming Sourcebook of Federal Judicial Review Statutes, which analyzes the provisions in the U.S. Code governing judicial review of agency action.
Citation: Admin. Conf. of the U.S., Recommendation 2021-5, Clarifying Statutory Access to Judicial Review of Agency Action, 86 Fed. Reg. 53262 (Sept. 27, 2021).
Judicial review of federal administrative action is governed by numerous statutes, including two general statutes, the Administrative Procedure Act (APA)[1] and the Hobbs Act,[2] and hundreds of agency-specific statutes. Judicial review is also governed by judicially developed doctrines.[3] The APA’s judicial review provisions govern judicial review of agency action generally and provide default rules that apply in the absence of...
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