Choice of Forum for Judicial Review of Agency Rules

Recommendation 2024-1, Choice of Forum for Judicial Review of Agency Rules – provides that, when drafting a statute that provides for judicial review of agency rules, Congress ordinarily should provide that rules promulgated using notice-and-comment procedures are subject to direct review by a court of appeals. The recommendation also identifies common statutory ambiguities that Congress should avoid in drafting new or amending existing statutes that provide for judicial review of agency actions.