← Practice areas
Administrative review
Agency action, rulemaking challenges, and the arbitrary-and-capricious standard as it is actually applied.
Standard of review — Arbitrary and capricious, on the administrative record.
Agencies lose on procedure far more often than on substance. The rulemaking file usually contains the defect: a standard adopted without notice, a comment never addressed, a cost estimate that changed without explanation.
We read the docket before we form a theory.
On the record — administrative review
- No. 22-1455 D.C. Cir.
Final rule vacated. The agency never gave notice of the standard it ultimately adopted.
Vacated 2023
Send us the record
If the judgment is wrong, it is worth one conversation.
We read the opinion and the operative briefs before the first call, at no charge. You will get a straight answer about whether an appeal is worth funding.