Congress has by statute occasionally required that certain agency actions be subject to Congressional approval or disapproval before they became effective. Several proposals have now been advanced which would apply this procedure to all substantive rules issued pursuant to the notice-and-comment procedures of 5 U.S.C. § 553 (which are not subject to 5 U.S.C. §§ 556 and 557...
A person adversely affected by an agency rule may ordinarily obtain judicial review of that rule either by instituting a direct review proceeding against the agency in an appropriate court (pre-enforcement review)1 or by asserting the invalidity of the rule as a defense...
- Recommendation number: 76-4
- Adopted on: December 10, 1976
- Tags: Clean Air Act (CAA), Congress, Federal Water Pollution Control Act (Clean Water Act), Judicial Review, Venue
The Congress has enacted provisions for judicial review in the Clean Air Act and the Federal Water Pollution Control Act (FWPCA) that are in some respects inconsistent, incomplete, ambiguous, and unsound.
Courts have sometimes felt constrained to stretch these statutes to achieve sensible results. ln other instances, courts seem to have ignored...