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.

Recommended 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). 

Contacts:

Implementation Contact

Committee:

Final Recommendation:

Clarifying Statutory Access to Judicial Review of Agency Action

Recommendation number
2021-5
Adoption Date

Project Documents

Name Committee Type Date File
Comment by Senior Fellow Michael E. Herz (May 3, 2021) Committee on Judicial Review Comment Download Comment by Senior Fellow Michael E. Herz (May 3, 2021)
Comment by Council Member Ronald A. Cass (Mar. 30, 2021) Committee on Judicial Review Comment Download Comment by Council Member Ronald A. Cass (Mar. 30, 2021)
Comment by Senior Fellow Alan B. Morrison (July 16, 2021) Committee on Judicial Review Comment Download Comment by Senior Fellow Alan B. Morrison (July 16, 2021)
Comment by Elaine Mittleman (May 2, 2021) Committee on Judicial Review Comment Download Comment by Elaine Mittleman (May 2, 2021)
Comment by Senior Fellow Alan B. Morrison (Apr. 30, 2021) Committee on Judicial Review Comment Download Comment by Senior Fellow Alan B. Morrison (Apr. 30, 2021)
Comment by Public Member John F. Duffy (Dec. 4, 2020) Committee on Judicial Review Comment Download Comment by Public Member John F. Duffy (Dec. 4, 2020)
Comment by Public Member Jonathan R. Siegel (June 29, 2021) Committee on Judicial Review Comment Download Comment by Public Member Jonathan R. Siegel (June 29, 2021)
Comment by Public Member John F. Duffy (Dec. 3, 2020) Committee on Judicial Review Comment Download Comment by Public Member John F. Duffy (Dec. 3, 2020)
Comment by Senior Fellow Nina A. Mendelson (June 22, 2021) Committee on Judicial Review Comment Download Comment by Senior Fellow Nina A. Mendelson (June 22, 2021)
Comment by Senior Fellow Alan B. Morrison (Apr. 22, 2021) Committee on Judicial Review Comment Download Comment by Senior Fellow Alan B. Morrison (Apr. 22, 2021)
Comment by Senior Fellow Paul D. Kamenar (Dec. 3, 2020) Committee on Judicial Review Comment Download Comment by Senior Fellow Paul D. Kamenar (Dec. 3, 2020)
Staff Memorandum for Committee on Judicial Review (Dec. 1, 2020) Committee on Judicial Review Memorandum Download Staff Memorandum for Committee on Judicial Review (Dec. 1, 2020)
Staff Memorandum for Committee on Judicial Review (July 16, 2021) Committee on Judicial Review Memorandum Download Staff Memorandum for Committee on Judicial Review (July 16, 2021)
Staff Memorandum for Committee on Judicial Review (Mar. 19, 2021) Committee on Judicial Review Memorandum Download Staff Memorandum for Committee on Judicial Review (Mar. 19, 2021)
Statutory Analysis Spreadsheet Committee on Judicial Review Appendix Download Statutory Analysis Spreadsheet
Proposed Statutory Language to Implement Recommendation 2021-5 Legislative Download Proposed Statutory Language to Implement Recommendation 2021-5
Draft - Proposed Statutory Language to Implement Recommendation 2021-5 Committee on Judicial Review Legislative Download Draft - Proposed Statutory Language to Implement Recommendation 2021-5
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