LAW 238: Administrative Law
Regulatory Agencies, Rulemaking, Adjudication & Judicial Review
Overview
This course examines the constitutional framework, statutory authority, and procedural requirements governing federal administrative agencies. Topics include delegation doctrine, agency rulemaking (notice-and-comment and formal adjudication), judicial review of agency action under the Administrative Procedure Act, and the balance between agency expertise and separation of powers principles.
Administrative law is foundational for attorneys in any regulatory practice area. The course emphasizes the relationship between substantive law and administrative procedure, develops skills in statutory interpretation, and explores evolving doctrines including arbitrary and capricious review, major questions doctrine, and Chevron deference.
Learning Objectives
- Understand constitutional foundations of administrative law and nondelegation doctrine
- Apply the Administrative Procedure Act to rulemaking and adjudication proceedings
- Analyze judicial review standards including arbitrary and capricious review
- Understand Chevron deference and its application to statutory interpretation
- Identify procedural requirements for notice-and-comment and formal rulemaking
- Evaluate agency expertise versus democratic accountability tensions
Lecture Topics
Delegation Doctrine & Agency Authority
Constitutional delegation limits, statutory authority interpretation, scope of agency power, and ultra vires action doctrine.
Notice-and-Comment Rulemaking (APA § 553)
Requirements for notice, comment period, consideration of comments, and statement of basis and purpose. Exceptions and exemptions from notice-and-comment.
Formal Rulemaking & Adjudication
Formal record requirement, ALJ role, evidentiary hearing, findings of fact, and formal rulemaking under APA § 556-557.
Arbitrary and Capricious Review (APA § 706)
Reasonableness standard, rational basis requirement, consideration of alternatives, and significant change in position doctrine.
Chevron Deference & Statutory Interpretation
Two-step Chevron analysis, ambiguous statute interpretation, agency deference standards, and limitations on deference.
Standing & Reviewability
Article III standing doctrine, zone of interests test, ripeness and finality requirements, committed to agency discretion doctrine.
Scope of Review Standards
Deferential review, de novo review, mixed questions of law and fact, and review of procedural requirements.
Major Questions Doctrine & Congressional Intent
Clear statement rule for major decisions, agency overreach concerns, and canon of construction limiting agency authority.
Freedom of Information Act (FOIA)
FOIA disclosure requirements, exemptions, redaction procedure, and litigation over withholding claims.
Regulatory Impact Analysis & Cost-Benefit
Executive order requirements for regulatory review, cost-benefit analysis, and requirements for supporting rulemaking decisions.
Landmark Cases for Briefing
Motor Vehicle Manufacturers Ass'n v. State Farm Mutual Auto. Ins. Co., 463 U.S. 29 (1983)
Topic: Arbitrary and capricious review | Rule: Agency action is arbitrary and capricious if agency fails to consider important aspect of problem, offers explanation that runs counter to record, or is so implausible as to defy rational decision-making.
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)
Topic: Deference to agency interpretation | Rule: Step 1: Determine if Congress directly spoke to question; Step 2: If ambiguous, defer to agency interpretation if reasonable. Chevron provides framework for judicial review of agency action.
Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935)
Topic: Nondelegation doctrine | Rule: Delegation to executive must contain intelligible principle limiting exercise of delegated power; unconstitutional delegation when no meaningful standard provided.
Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992)
Topic: Standing to challenge agency action | Rule: Plaintiff must show injury in fact, causation, and redressability; zone of interests test requires interests arguably within statute's zone of protection.
Mathews v. Eldridge, 424 U.S. 319 (1976)
Topic: Due process in adjudication | Rule: Procedural due process requires balancing: private interest, government interest, and risk of error with different procedures.
United States v. Mead Corp., 533 U.S. 218 (2001)
Topic: Chevron deference scope | Rule: Agency interpretations receive Chevron deference only when agency has authority to issue rules and congressional delegation implied rulemaking power.
Massachusetts v. EPA, 549 U.S. 497 (2007)
Topic: Standing and major questions | Rule: States have particularized interest in protection of coastal areas; EPA's refusal to regulate greenhouse gases under Clean Air Act reviewable.
Cincinnati v. Discovery Network, Inc., 507 U.S. 410 (1993)
Topic: First Amendment vs. agency regulation | Rule: Agency regulations affecting speech subject to heightened scrutiny; underinclusivity suggests regulatory purpose unrelated to legitimate objective.
Study Guide
Judicial Review Framework (APA § 706)
- Reviewability: Is action final and ripe? Committed to agency discretion?
- Standing: Injury in fact, causation, redressability, zone of interests?
- Scope of review: De novo, deferential, arbitrary and capricious?
- Procedural compliance: APA notice-and-comment, formal adjudication requirements met?
- Substantive review: Arbitrary and capricious? Rational basis for decision?
- Deference: Chevron Step 1 and Step 2 analysis applicable?
Chevron Two-Step Analysis
Step One
Did Congress directly speak to the precise question at issue? If statute unambiguously forecloses agency's interpretation, that is end of matter.
Step Two
If statute is silent or ambiguous, is agency's interpretation reasonable? Reasonable interpretation must be adopted even if alternative interpretation preferred by courts.
Arbitrary and Capricious Standard (State Farm)
Test
Agency must examine relevant data and articulate rational connection between facts found and choice made. Cannot ignore important aspect of problem or fail to respond to significant comments.
Practice Quizzes
Quiz 1: APA Rulemaking & Adjudication
Notice-and-comment procedures, formal adjudication, APA compliance. 9 questions.
Quiz 2: Chevron Deference Analysis
Two-step Chevron test, ambiguous statutes, reasonable interpretation. 8 questions.
Quiz 3: Arbitrary and Capricious Review
State Farm standard, rational basis, consideration of alternatives. 10 questions.
Quiz 4: Standing & Reviewability
Article III standing, zone of interests, finality, ripeness. 8 questions.
Quiz 5: Comprehensive Administrative Law Problems
Integrated scenarios requiring full judicial review analysis. 12 questions.
Recommended Resources
Primary Statute
Administrative Procedure Act (5 U.S.C. §§ 551-706)
Essential reference. Study §§ 553 (rulemaking), 556-557 (adjudication), 706 (judicial review standards).
Casebook
Administrative Law: Cases and Materials by Stewart, Sunstein & Breyer (9th ed. 2021)
Comprehensive case selection emphasizing separation of powers and agency accountability. Strong coverage of Chevron and major questions doctrine.
Treatise
Administrative Law: A Systemic Approach by Lawson (9th ed. 2016)
Comprehensive treatment of administrative law framework. Excellent on constitutional foundations and judicial review standards.
Outline
Administrative Law: Examples and Explanations by Anderson (2nd ed. 2022)
Clear explanations with worked examples. Exceptional for understanding Chevron analysis and State Farm arbitrary and capricious standard.
Recent Developments
Major Questions Doctrine & Loper Bright Enterprises (2024)
Track recent Supreme Court developments on agency deference. Loper Bright Enterprises overruled Chevron deference in 2024.
Practical Guide
A Practical Guide to Administering Federal Laws by Administrative Conference
Guidance on APA compliance, rulemaking procedures, and best practices for agency counsel and private practitioners.