News from ACUS (April 2024)

This new monthly newsletter provides a roundup of recent, ongoing, and upcoming initiatives from the Administrative Conference of the United States. Sign up here to get the newsletter delivered to your inbox each month.

In this issue:

Choice of Forum for Judicial Review of Agency Rules

Federal agency actions are often subject to review in the federal courts. The laws governing which agency actions are subject to judicial review, which courts review which agency actions, and how courts review agency actions are complex.

This spring, ACUS's Committee on Judicial Review is looking more closely at the laws governing which courts review which agency rules. Chaired by ACUS Public Member Kirti Datla, the Committee is developing recommendations to help Congress choose the appropriate forum for judicial review of agency rules.

The Committee is assisted by consultant Joseph Mead (Georgetown Law Center), who prepared a draft report to ACUS to inform the development of recommendations. A final report will be available later this spring.

This project builds on several previous ACUS projects. In 2022, ACUS published the Sourcebook of Federal Judicial Review Statues, by ACUS Senior Fellow Jonathan Siegel. The Sourcebook surveys more than 650 laws governing how courts review agency actions.

Informed by Professor Siegel's research, ACUS adopted Recommendation 2021-5, Clarifying Statutory Access to Judicial Review of Agency Action, urging Congress to address technical problems in the law that cause unfairness, inefficiency, and unnecessary litigation.

Click here to learn more.

Congressional Constituent Service Inquiries

Constituent services are a cornerstone of the activities of members of Congress. Every member employs caseworkers in Washington and around the country who help constituents access federal programs and navigate federal agency processes.

This spring, the ACUS Committee on Administration and Management is examining how federal agencies receive, process, and respond to congressional constituent service inquiries. Chaired by ACUS Public Member Eloise Pasachoff, the Committee is developing recommendations to identify best practices for agencies to promote quality, efficiency, and timeliness in their procedures for responding to inquiries.

The Committee is assisted by consultant Sean Kealy (Boston University Law School), who prepared a draft report to ACUS to inform the development of recommendations. A final report will be available later this spring.

Click here to learn more.

Equal Access to Justice Act Awards

ACUS announced the release of a new report and updated online database compiling attorney’s fee awards made in fiscal year 2023 under the Equal Access to Justice Act.

EAJA requires federal agencies to reimburse private litigants for their attorneys’ fees when they prevail against agencies in certain adjudications and federal-court cases. Since March 2019, ACUS has been responsible for reporting the amount of EAJA fees agencies awards to prevailing parties each fiscal year.

Click here to learn more.

Between the Lines

In the newest episode of ACUS's podcast, Chair Andrew Fois explores questions about agency transparency and public engagement with Loren DeJonge Schulman (OMB), Sam Berger (OMB), ACUS Public Member Bertrall Ross, Margaret Kwoka (OSU Moritz College of Law), and ACUS Public Member Jennifer Dickey.

Click here to listen now.