Stage: 8. Implementation
Committee: Committee on Judicial Review
Recommendation 2013-4 – Administrative Record in Informal Rulemaking offers best practices for agencies in the compilation, preservation, and certification of records in… Read more »
Committee Research Projects - Completed Projects
Stage: 8. Implementation
Committee: Committee on Judicial Review
Recommendation 2019-1 – Agency Guidance Through Interpretive Rules identifies ways agencies can offer the public the opportunity to propose alternative… Read more »
Stage: 8. Implementation
Committee: Committee on Judicial Review
Recommendation 2017-5 – Agency Guidance Through Policy Statements, formerly titled Agency Guidance, provides best practices to agencies on the… Read more »
Stage: 8. Implementation
Committee: Committee on Judicial Review
Recommendation 2020-6, Agency Litigation Webpages – offers agencies best practices for making their federal court filings and relevant court… Read more »
Stage: 8. Implementation
Committee: Committee on Judicial Review
Recommendation 2024-1, Choice of Forum for Judicial Review of Agency Rules – provides that, when drafting a statute that provides for judicial review of… Read more »
Stage: 8. Implementation
Committee: Committee on Judicial Review
Recommendation 2021-5, Clarifying Statutory Access to Judicial Review of Agency Action – urges Congress to enact a cross-… Read more »
Stage: 5. Committee consideration
Committee: Committee on Judicial Review
The Congressional Review Act (“CRA”) implements a process for Congressional review of agency rules. 5 U.S.C. §§ 801-08. Under the CRA, agencies must submit rules to both houses of… Read more »
Stage: 8. Implementation
Committee: Committee on Judicial Review
Statement #19 – Issue Exhaustion in Pre-Enforcement Judicial Review of Administrative Rulemaking examines judicial application of an issue exhaustion requirement in pre-… Read more »
Stage: 8. Implementation
Committee: Committee on Judicial Review
Recommendation 2012-6 – The Need to Reform 28 U.S.C. § 1500 urges Congress to repeal Section 1500, which divests the U.S. Court of Federal Claims of jurisdiction when a… Read more »
Stage: 8. Implementation
Committee: Committee on Judicial Review
Recommendation 2013-6 – Remand Without Vacatur examines judicial remand of an agency decision for further consideration while allowing the decision to remain in place. It… Read more »
Stage: 8. Implementation
Committee: Committee on Judicial Review
Recommendation 2018-2 – Severability in Agency Rulemaking, formerly titled Minimizing the Cost of Judicial Review, encourages federal… Read more »
Stage: 8. Implementation
Committee: Committee on Judicial Review
Recommendation 2016-3 – Special Procedural Rules for Social Security Litigation in District Court encourages the Judicial Conference of the United States to develop a… Read more »