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). 

Featured Documents:

Final Recommendation:

Project Documents

Name Committee Type Date File
Clarifying Statutory Access to Judicial Review of Agency Action Judicial Review Recommendation Download
Proposed Statutory Language to Implement Recommendation 2021-5 Legislative Download
Comment from Ron Levin on Statutory Draft of Clarifying Judicial Review Member Comment Download
Draft - Proposed Statutory Language to Implement Recommendation 2021-5 Judicial Review Legislative Download
Comment by Liaison Representative William Funk (July 22, 2021) Judicial Review Member Comment Download
Comment by Senior Fellow Jonathan R. Siegel (July 22, 2021) Judicial Review Member Comment Download
Comment by Senior Fellow Ronald M. Levin (July 20, 2021) Judicial Review Member Comment Download
Comment by Senior Fellow Allison M. Zieve (July 18, 2021) Judicial Review Member Comment Download
Comment by Senior Fellow Alan B. Morrison (July 16, 2021) Judicial Review Member Comment Download
Staff Memorandum for Committee on Judicial Review (July 16, 2021) Judicial Review Memorandum Download
Proposed Recommendation - Clarifying Statutory Access - Committee Mtg 07162021 Redline Judicial Review Recommendation Download
Comment by Public Member Jonathan R. Siegel (June 29, 2021) Judicial Review Member Comment Download
Committee Meeting Agenda - July 22, 2021 Judicial Review Agenda Download
Comment by Senior Fellow Nina A. Mendelson (June 22, 2021) Judicial Review Member Comment Download
Comment by Public Member Kristin E. Hickman (June 16, 2021) Judicial Review Member Comment Download
Comment by Senior Fellow Nina A. Mendelson (June 15, 2021) Judicial Review Member Comment Download
Proposed Recommendation for Plenary - Redline - Clarifying Statutory Access 06112021 Judicial Review Recommendation Download
Comment by Public Member Jack M. Beermann (June 13, 2021) Judicial Review Member Comment Download
Comment by Senior Fellow Alan B. Morrison (May 19, 2021) Judicial Review Member Comment Download
Statutory Analysis Spreadsheet Judicial Review Appendix Download
Revised Sourcebook of Federal Judicial Review Statutes Judicial Review Publication Download
Proposed Recommendation for Plenary - Clean - Clarifying Statutory Access 06022021 Judicial Review Recommendation Download
Proposed Recommendation from Committee - Clarifying Statutory Access 05172021 Judicial Review Recommendation Download
Comment by Senior Fellow Michael E. Herz (May 3, 2021) Judicial Review Member Comment Download
Comment by Elaine Mittleman (May 2, 2021) Judicial Review Public Comment Download
Comment by Senior Fellow Alan B. Morrison (Apr. 30, 2021) Judicial Review Member Comment Download
Draft Recommendation - Clarifying Statutory Access - Committee Mtg 05032021 Redline Judicial Review Recommendation Download
Draft Recommendation - Clarifying Statutory Access - Committee Mtg 05032021 Clean Judicial Review Recommendation Download
Committee Meeting Agenda - May 3, 2021 Judicial Review Agenda Download
Comment by Senior Fellow Ronald M. Levin (Apr. 22, 2021) Judicial Review Member Comment Download