Judicial Review (Recommendations)

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For the project report click here: https://www.acus.gov/report/project-report-recommendation-82-7

 

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...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-80-5

 

Many agency actions subject to direct review in the courts of appeals involve more than one private party that may legitimately consider itself aggrieved by the agency action. In most such cases, a single...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-80-2

 

The Emergency Petroleum Allocation Act of 1973 provides the President with broad pricing and allocation authority over petroleum products. Pursuant to this authority, a succession of agencies—including the...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-79-6

 

Symptomatic of concern that reviewing courts do not probe as deeply as they should into the legality of agency action and that, as a consequence, administrative rules may be too broad in their reach is the...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-77-2

 

A. Jurisdiction and Powers of the Customs Court. The Customs Court has exclusive jurisdiction to review decisions of the Customs Service (1) denying protests of importers relating to certain...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-76-4

 

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...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-75-3

 

This recommendation states criteria for use by the Congress in determining the appropriate forum for judicial review of federal administrative action.

The present forum for the review of most agency...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-74-4

 

With increasing frequency, rules of general applicability adopted by agencies informally pursuant to 5 U.S.C. § 553 are being reviewed by the courts directly, before they are applied to particular persons...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-72-7

 

Section 10(b)(3) of the Military Selective Service Act, 50 U.S.C. App. § 460(b)(3) (1970), in terms forbids judicial review of administrative determinations relating to the classification and processing of...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-70-1

 

The size and complexity of the Federal Government, coupled with the intricate and technical law concerning official capacity and parties defendant, have given rise to innumerable cases in which a plaintiff...