Administrative Procedure Act
The Administrative Procedure Act (APA) is a federal law that establishes important procedures for federal agency rulemaking and adjudication and provides standards for judicial review of many agency actions. The APA requires notice-and-comment procedures for many rules, subject to statutory exceptions and other requirements.
The Administrative Procedure Act (APA) is a federal law that establishes important procedures for federal agency rulemaking and adjudication and provides standards for judicial review of many agency actions. The APA requires notice-and-comment procedures for many rules, subject to statutory exceptions and other requirements.
Example: EPA’s 2024 rule revising the national ambient air quality standards for fine particulate matter followed a federal rulemaking process that included public comments.
Common misconception: The APA gives agencies unlimited authority to regulate. It sets procedures and review standards; the underlying authority to act must still come from the Constitution or a statute.
Sources: https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title5-chapter5-subchapter2&num=0&edition=prelim; https://www.federalregister.gov/reader-aids/understanding-the-federal-register