Administrative Law: A Comprehensive Guide to Agency Action and Judicial Review

48 questions on administrative law, answered and cited by the UpLaw editorial team.

• After Loper Bright, do agencies still have latitude when Congress expressly delegates authority?
• Are regulations previously upheld under Chevron still valid after Loper Bright?
• Can a court compel an agency to act when it unlawfully withholds or delays action?
• Can agency action be set aside because the agency's stated reason was pretextual?
• Can an agency change a policy position, and what must it show when it does?
• Can a party challenge the constitutionality of an agency proceeding before it concludes?
• Can a reviewing court require an agency to use procedures beyond what the APA demands?
• Can a trade association or organization sue on behalf of its members to challenge a rule?
• Can the President remove the head of a federal agency at will?
• Did Loper Bright overrule Chevron, and what does that mean for challenging an agency's reading of a statute?
• Does an agency have to disclose the data and studies underlying a proposed rule?
• Does an agency need notice-and-comment to change an interpretive rule?
• Does the APA let me recover money damages from the government?
• Do ex parte contacts or White House involvement invalidate an informal rulemaking?
• Do I have to exhaust agency appeals before suing, and what is issue exhaustion?
• Has the Supreme Court ever struck down a federal statute on nondelegation grounds, and is nondelegation a winning argument today?
• How long do I have to challenge a federal rule after Corner Post?
• How long must an agency allow for public comment on a proposed rule?
• How much lawmaking may Congress delegate to a federal agency under the nondelegation doctrine?
• How much process does the Constitution require in an agency adjudication?
• How thorough must an agency's “concise general statement of basis and purpose” be?
• What agency actions are unreviewable under the APA?
• What are the grounds for setting aside agency action under 5 U.S.C. § 706?
• What did Biden v. Nebraska and NFIB v. OSHA hold under the major questions doctrine?
• What did Lucia v. SEC hold about administrative law judges and the Appointments Clause?
• What does arbitrary-and-capricious “hard look” review require under State Farm?
• What is Auer deference, and how did Kisor v. Wilkie narrow it?
• What is “final agency action,” and when is a rule or order reviewable under § 704?
• What is Skidmore respect, and how does it differ from Chevron deference?
• What is the Chenery rule, and can government lawyers defend a rule with new reasons in litigation?
• What is the difference between a legislative rule and an interpretive rule or policy statement?
• What is the difference between a “rule” and an “order” under the Administrative Procedure Act?
• What is the difference between formal and informal rulemaking and adjudication?
• What is the logical-outgrowth rule, and when must an agency re-propose a changed rule?
• What is the major questions doctrine?
• What is the substantial-evidence standard, and when does it apply?
• What is the zone-of-interests requirement for suing under the APA?
• What makes a public comment legally effective, and what is a “significant comment”?
• What must an agency include in a notice of proposed rulemaking under § 553(b)?
• What must a plaintiff show to have standing to challenge agency action?
• What remedies can a court give against an unlawful rule — vacatur, remand, or nationwide relief?
• What statutes besides APA § 553 govern federal rulemaking?
• When does a defendant in an agency enforcement action have a Seventh Amendment right to a jury?
• When does due process require an individualized hearing rather than a general rule?
• When is agency “guidance” actually an unlawful legislative rule?
• When is a pre-enforcement challenge to a rule ripe for judicial review?
• When may an agency skip notice-and-comment under the good-cause exception?
• Who counts as an “officer of the United States” under the Appointments Clause?