Administrative Procedures Act
Experienced Administrative Procedure Act (APA) Claims Attorneys
The Administrative Procedure Act (APA) is a federal law that governs the process by which federal administrative agencies create and implement regulations. It also establishes the procedures for judicial review of agency actions. When individuals or entities believe that a federal agency has taken an action that is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law, they can bring claims under the APA to challenge those actions in federal court. Our team of highly skilled litigators will be there for you every step of the way.
Claims brought under the Administrative Procedure Act typically fall into two categories:
Substantive Claims: These claims challenge the substance of an agency’s decision or action. For example, if an agency has issued a regulation that you believe is unlawful or exceeds the agency’s authority, you can bring a substantive APA claim to challenge the regulation’s validity.
Procedural Claims: These claims focus on the agency’s process when making its decision or taking an action. If you believe an agency did not follow the required procedures when promulgating a regulation or making a decision, you can bring a procedural APA claim. This might include claims that the agency didn’t provide adequate notice and opportunity for public comment, didn’t adequately consider relevant evidence, or didn’t provide a reasoned explanation for its decision.
Achieving Favorable Outcomes in APA Claims
To prevail in an APA claim, you must demonstrate that the agency’s action was “arbitrary and capricious,” an “abuse of discretion,” or not by the law. This standard is designed to ensure that agencies make well-reasoned decisions based on relevant factors and consider the potential impacts of their actions.
When a party brings an APA claim, the federal court will review the agency’s action to determine whether it complied with the law and followed appropriate procedures. The court has the authority to set aside agency actions that are found to be unlawful, unsupported by evidence, or not by the procedural requirements of the APA.
The APA is a complex and evolving area of law. The specific requirements and standards for bringing claims can vary depending on the context and the agency involved. If you’re considering pursuing an APA claim, contact the team experienced in administrative law and federal litigation. We are here to ensure you obtain a favorable outcome.
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