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[Solution]Challenges to Agency Rulemaking and the Courts 2 pages

by | Jul 18, 2022 | Recent Orders

Administrative agencies create and execute thousands of rules each year to carry out policies to benefit the public interest. In some instances, however, agency rulemaking is challenged by persons, groups, and organizations claiming to be harmed by decisions made during the rulemaking process. In challenging agency rulemaking, persons, groups, and organizations might issue one of several complaints ranging from the amount of time it took the agency to create and execute rules to the degree to which rules created and executed are constitutional. Once a person, group, or organization challenges an agency’s rulemaking and files a lawsuit, the court must confirm that they have standing (legal authority) to do so. If they do, the court must decide how to resolve the challenge. Depending on the nature of the complaint made, the court may use specific standards and criteria to resolve the challenge. For instance, if the complaint was that rulemaking was delayed, the court would likely go back to the original statute handed down by Congress to see if a deadline was issued. Once the court decides how to resolve the challenge, the decision is final.


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