Regulatory reform and judicial review

Article Abstract:

The judicial review provisions of Senate bill 343 would not increased the litigation burdens imposed on administrative agencies, contrary to the claims of opponents of regulatory reform. The standard of review is unchanged, and procedural compliance can only be challenged if noncompliance led to a materially different result. The cost-benefit requirements of the bill may actually reduce litigation by improving agency decision-making. Congressional oversight, as an alternative to judicial review, would not have provided adequate remedies.

Interpretation and construction, Administrative law

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To preserve meaningful judicial review

Article Abstract:

Judicial review must continue as an important element in the conduct of administrative agencies. The injury-in-fact standard and the presumption of judicial review are vital to maintaining this judicial function. The rule of law must always control agency conduct, not political motivations.

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