This project will study and, as appropriate, make recommendations to guide Congress in determining the appropriate forum and venue for judicial review of agency rules—with respect to both existing programs and programs established in the future. Topics it will address include: (a) contexts in which agency rules should be subject to direct review by the courts of appeals rather than the district courts; (b) contexts in which Congress should consider limiting the venue for judicial review of rules beyond what the ordinary rules of venue would permit; (c) contexts in which the courts should consolidate multiple challenges to a single rule in a single case in a single court, and the processes for doing so; and (d) common ambiguities and other drafting problems in the statutes governing the choice of forum for judicial review of agency rules.
Joseph Mead (Georgetown Law Institute for Constitutional Advocacy and Protection) is serving as the consultant for this project.
