Summary of "Administrative Procedure Act - Introduction and Summary"

Main Ideas and Concepts

Introduction to the Administrative Procedure Act (APA)
- Enacted in 1946, the APA serves as a statutory constitution for administrative government, setting default rules for federal agencies' operations and judicial challenges.
- It embodies key administrative law norms such as procedural regularity and reasoned decision-making.
- The APA governs two main areas: agency procedure and judicial review of agency actions.
Historical Context and Contemporary Relevance
- The APA arose from political conflicts during the New Deal era between business interests (represented by the American Bar Association) and New Deal agencies like the National Labor Relations Board (NLRB).
- Initial opposition focused on limiting administrative power through procedural constraints and expanded judicial review.
- FDR vetoed earlier reform bills but WWII shifted priorities, leading to the APA’s adoption in 1946.
- Today, there are renewed political and legal challenges to administrative governance, including legislation like the Regulatory Accountability Act and executive orders aimed at reducing agency power.
- The APA’s future and administrative power are under scrutiny, making understanding the APA critical for progressive and public interests.
Key Features of the APA
- Procedure and Judicial Review: The APA sets default procedural rules for agency actions and standards for courts reviewing those actions.
- It distinguishes between rulemaking and adjudication, each with formal and informal variants, imposing different procedural requirements.
- Formal rulemaking involves trial-like procedures and is resource-intensive but rarely used since the 1960s.
- Informal rulemaking (notice-and-comment rulemaking) is the standard today, requiring agencies to publish proposed rules and allow public comment.
- Some rules (e.g., policy statements, interpretive rules, guidance) are exempt from notice-and-comment, making them easier to issue or repeal.
- The APA also protects administrative law judge (ALJ) independence and was a precursor to the Freedom of Information Act.
Adjudication under the APA
- Formal adjudication requires a hearing before an ALJ and applies only if statute mandates it (e.g., at the NLRB, SEC).
- Informal adjudication covers all other agency decisions and typically requires only a brief explanation.
- Judicial review under the APA is generally available for final agency actions, except where statutes preclude it or actions are committed to agency discretion (e.g., individual enforcement decisions).
Types of Legal Challenges under the APA
- Challenges can be based on:
  - Unconstitutionality
  - Exceeding statutory authority
  - Arbitrary and capricious decisions (lack of evidence, poor reasoning, failure to consider relevant factors)
  - Procedural violations (e.g., failure to provide adequate notice or follow required procedures)
- Arbitrary and capricious review (reasoned decision-making requirement) is a central standard, with the landmark case State Farm defining its criteria.
- Courts vary in the rigor of review depending on agency credibility, care, and political context.
- Policy changes by agencies are generally allowed but must be acknowledged and justified; courts vary in how closely they scrutinize changes.
Doctrine of Judicial Deference
- The Chevron Doctrine (deference to agency interpretation of ambiguous statutes) and Auer Doctrine (deference to agency interpretation of their own regulations) have been central but controversial.
- In June 2024, the Supreme Court overruled Chevron, requiring courts to independently interpret statutes without deferring to agencies.
- The Skidmore standard (deference based on agency’s persuasive power) remains relevant.
- This shift impacts how courts review agency interpretations and signals potential legislative reforms.
Agency Inaction and Non-Enforcement
- The APA allows challenges to agency failure to act, but courts are reluctant to second-guess agency priorities without statutory deadlines.
- Non-enforcement decisions are presumptively unreviewable.
Presidential Actions and Executive Orders
- The APA does not apply to the President directly; courts generally do not review presidential involvement in agency rulemaking.
Textual Overview of the APA
- Definitions of key terms such as agency, person, rule, rulemaking, order, adjudication, license, sanction, and relief are provided.
- Agencies must publish rules, policies, opinions, and procedures publicly (Federal Register).
- Procedures for hearings, evidence, subpoenas, and representation are outlined, including rights to counsel or...