Legal Administrative Law & Regulations 3

Question 1

After Loper Bright Enterprises v. Raimondo (2024), how must courts treat an agency's interpretation of an ambiguous statute it administers?

Accepted Answer

Exercise independent judgment, though they may consider the agency's views for their persuasive value

Answer

Loper Bright overruled Chevron and requires courts to decide statutory meaning independently, giving agency views Skidmore-type respect.

Question 2

Under Motor Vehicle Manufacturers Ass'n v. State Farm, an agency's rescission of a rule is arbitrary and capricious if the agency:

Accepted Answer

Entirely failed to consider an important aspect of the problem

Answer

State Farm requires reasoned decision-making, and ignoring an important aspect of the problem is arbitrary and capricious.

Question 3

The APA's 'substantial evidence' standard of review applies primarily to:

Accepted Answer

Agency findings in formal proceedings subject to §§ 556–557 or reviewed on a hearing record

Answer

Section 706(2)(E) applies substantial evidence review to cases subject to §§ 556–557 or otherwise reviewed on the record of an agency hearing.

Question 4

Under Bennett v. Spear, agency action is 'final' for APA review when it:

Accepted Answer

Marks the consummation of the agency's decision-making and determines rights or obligations or produces legal consequences

Answer

Bennett established a two-part test: consummation of decision-making and legal consequences flowing from the action.

Question 5

Under Darby v. Cisneros, when is a party required to exhaust an optional internal agency appeal before seeking APA judicial review?

Accepted Answer

Only when a statute or agency rule requires the appeal and renders the action inoperative pending appeal

Answer

Darby held that § 704 limits exhaustion in APA cases to appeals mandated by statute or rule that suspend the action pending review.

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