Judicial Review of Rulemaking

In this lesson, we explore issues relating to judicial review of an agency's issuance of a "legislative" rule -- a rule issued as a result of the federal Administrative Procedure Act's rulemaking procedures. After briefly noting the differences between so-called "formal" and "informal" rulemaking procedures, the lesson examines the standards of review applicable to each type of procedure. Thus, the lesson focuses on the "substantial evidence" test, the "arbitrary and capricious" test, and the requirement of an adequate explanation. The lesson is intended for students who have studied these issues in class and who wish to refine and expand their knowledge.