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.

Recommended Citation: Admin. Conf. of the U.S., Recommendation 2024-1, Choice of Forum for Judicial Review of Agency Rules, 89 Fed. Reg. 56276 (July 9, 2024).