Exam Question: Challenging Agency Actions & Statutory Interpretation in Admin Law, Lecture notes of Administrative Law

Download Exam Question: Challenging Agency Actions & Statutory Interpretation in Admin Law and more Lecture notes Administrative Law in PDF only on Docsity! Sample Final Exam Essay Question – Answer Key Two levels to answering this question: your ability to challenge the rule in court, and – once in court – what standard of review would apply. I. Getting Into Court and Review of Agency Action a. Proposed rule – no final agency action; only proposed. But if no final rule planned, the guidance may serve as a rule-making in actuality. b. Even if it is final agency action, does the memorandum fall within the interpretative rule exemption under APA? Or statement of general policy? c. Enforcement discretion – Heckler v. Chaney. Presumption of unreviewability, but can be surmounted. d. Did anyone raise your client’s concerns in notice and comment period? Remember, review limited to submittals and information in administrative record. e. If final agency action, normally subject to arbitrary and capricious review under 706(2)(A). State Farm hard-look review. II. Standard of review for statutory interpretation a. Mead test – i. Does interpretive memorandum satisfy the threshold test of (i) bestowal by Congress of binding interpretive authority to agency, and (ii) did the agency actually exercise that authority in the way Congress intended? ii. Note: apparently no explicit delegation to agency to make such interpretations, so USDA does not get arbitrary and capricious review here. b. If Chevron applies, i. Chevron step one – does the statute speak to this direct issue unambiguously? Use standard tools of statutory interpretation. ii. Chevron step two – was the agency’s interpretation reasonable? 1. Does the U.S. Department of Agriculture have any special expertise or authority in advanced genetic research? Versus other