Timing of Judicial Review of Agency Action

This project studies several issues identified but not addressed in Recommendation 2021-5, Clarifying Statutory Access to Judicial Review of Agency Action. First, it considers various questions related to the event that begins the period during which a litigant can challenge an agency action in federal court. Second, it considers various questions related to the circumstances under which a party should be precluded from seeking judicial review of agency action because it failed to seek review within a specified time limit. In both cases, the project will consider both what existing law requires and whether Congress should amend existing law in order to provide greater clarity and particularity regarding the timing of judicial review.