Clarifying Statutory Access to Judicial Review of Agency Action

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). 

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Committee: 

Final Recommendation

  • Recommendation number: 2021-5
  • Adopted on: September 17, 2021
  • Committees: Judicial Review

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...

Project Documents

Name Committee Type Date
Staff Memorandum for Committee on Judicial Review (Dec. 1, 2020) Judicial Review Memorandum December 1, 2020 Download
Comment by Public Member John F. Duffy (Dec. 3, 2020) Judicial Review Member Comment December 3, 2020 Download
Comment by Senior Fellow Paul D. Kamenar (Dec. 3, 2020) Judicial Review Member Comment December 3, 2020 Download
Comment by Public Member John F. Duffy (Dec. 4, 2020) Judicial Review Member Comment December 4, 2020 Download
Committee Meeting Agenda - April 1, 2021 Judicial Review Agenda March 19, 2021 Download
Draft Sourcebook of Federal Judicial Review Statutes Judicial Review Publication March 19, 2021 Download
Staff Memorandum for Committee on Judicial Review (Mar. 19, 2021) Judicial Review Memorandum March 19, 2021 Download
Comment by Council Member Ronald A. Cass (Mar. 30, 2021) Judicial Review Member Comment March 30, 2021 Download
Comment by Elaine Mittleman (Mar. 31, 2021) Judicial Review Public Comment March 31, 2021 Download
Comment by Elaine Mittleman (Apr. 16, 2021) Judicial Review Public Comment April 16, 2021 Download
Committee Meeting Agenda - April 22, 2021 Judicial Review Agenda April 16, 2021 Download
Draft Recommendation - Clarifying Statutory Access - Committee Mtg 04222021 Judicial Review Recommendation April 19, 2021 Download
Comment by Public Member Andrew N. Vollmer (Apr. 20, 2021) Judicial Review Member Comment April 20, 2021 Download
Comment by Special Counsel Jeffrey S. Lubbers (Apr. 21, 2021) Judicial Review Member Comment April 20, 2021 Download
Comment by Senior Fellow Alan B. Morrison (Apr. 22, 2021) Judicial Review Member Comment April 22, 2021 Download
Comment by Senior Fellow Paul D. Kamenar (Apr. 22, 2021) Judicial Review Member Comment April 22, 2021 Download
Comment by Senior Fellow Richard J. Pierce, Jr. (Apr. 22, 2021) Judicial Review Member Comment April 22, 2021 Download
Comment by Senior Fellow Ronald M. Levin (Apr. 22, 2021) Judicial Review Member Comment April 22, 2021 Download
Draft Recommendation - Clarifying Statutory Access - Committee Mtg 05032021 Clean Judicial Review Recommendation April 30, 2021 Download
Draft Recommendation - Clarifying Statutory Access - Committee Mtg 05032021 Redline Judicial Review Recommendation April 30, 2021 Download
Comment by Senior Fellow Alan B. Morrison (Apr. 30, 2021) Judicial Review Member Comment April 30, 2021 Download
Comment by Elaine Mittleman (May 2, 2021) Judicial Review Public Comment May 2, 2021 Download
Comment by Senior Fellow Michael E. Herz (May 3, 2021) Judicial Review Member Comment May 3, 2021 Download
Committee Meeting Agenda - May 3, 2021 Judicial Review Agenda May 3, 2021 Download
Proposed Recommendation from Committee - Clarifying Statutory Access 05172021 Judicial Review Recommendation May 17, 2021 Download
Comment by Senior Fellow Alan B. Morrison (May 19, 2021) Judicial Review Member Comment May 19, 2021 Download
Proposed Recommendation for Plenary - Clean - Clarifying Statutory Access 06022021 Judicial Review Recommendation June 2, 2021 Download
Revised Sourcebook of Federal Judicial Review Statutes Judicial Review Publication June 3, 2021 Download
Statutory Analysis Spreadsheet Judicial Review Appendix June 3, 2021 Download
Proposed Recommendation for Plenary - Redline - Clarifying Statutory Access 06112021 Judicial Review Recommendation June 11, 2021 Download
Comment by Public Member Jack M. Beermann (June 13, 2021) Judicial Review Member Comment June 13, 2021 Download
Comment by Senior Fellow Nina A. Mendelson (June 15, 2021) Judicial Review Member Comment June 15, 2021 Download
Comment by Public Member Kristin E. Hickman (June 16, 2021) Judicial Review Member Comment June 16, 2021 Download
Comment by Senior Fellow Nina A. Mendelson (June 22, 2021) Judicial Review Member Comment June 22, 2021 Download
Comment by Public Member Jonathan R. Siegel (June 29, 2021) Judicial Review Member Comment June 29, 2021 Download
Committee Meeting Agenda - July 22, 2021 Judicial Review Agenda July 1, 2021 Download
Comment by Senior Fellow Alan B. Morrison (July 16, 2021) Judicial Review Member Comment July 16, 2021 Download
Proposed Recommendation - Clarifying Statutory Access - Committee Mtg 07162021 Redline Judicial Review Recommendation July 16, 2021 Download
Staff Memorandum for Committee on Judicial Review (July 16, 2021) Judicial Review Memorandum July 16, 2021 Download
Comment by Senior Fellow Allison M. Zieve (July 18, 2021) Judicial Review Member Comment July 18, 2021 Download
Comment by Senior Fellow Ronald M. Levin (July 20, 2021) Judicial Review Member Comment July 20, 2021 Download
Comment by Liaison Representative William Funk (July 22, 2021) Judicial Review Member Comment July 22, 2021 Download
Comment by Senior Fellow Jonathan R. Siegel (July 22, 2021) Judicial Review Member Comment July 22, 2021 Download
Clarifying Statutory Access to Judicial Review of Agency Action Judicial Review Recommendation September 17, 2021 Download

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