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Administrative Law
Reading Room
Overview
The government regulates many aspects of modern agriculture, often through administrative agencies whose authority to act has been delegated by either Congress or state legislatures. Administrative law is the body of law that has developed to protect citizens from actions or inaction on the part of administrative agencies. The close relationship between agriculture and government agencies makes administrative law an important tool to ensure fairness and openness between individuals and the government. Administrative law defines and limits the powers of agencies based on principles in the Constitution and statutes, and it provides redress to individuals wronged by administrative agencies.
Read the full overview
Note: Recently added resources are posted at the top of the applicable sections .
Major Statutes
Administrative Procedure Act, 5 U.S.C. §§ 500-504, 551-584, 701-706, 801-808
Feedom of Information Act, 5 U.S.C. § 552
Privacy Act, 5 U.S.C. § 552a
"Little" Tucker Act, 28 U.S.C. § 1346(a)(2)
"Big" Tucker Act, 28 U.S.C. § 1491(a)(2)
Hobbs Administrative Review Act, 28 U.S.C. §§ 2341-2351
Equal Access to Justice Act, 28 U.S.C. § 2412
False Claims Act, 31 U.S.C. §§ 3729-3732
Contract Disputes Act, 41 U.S.C. §§ 601-613
Department of Agriculture Reorganization Act of 1994 (National Appeals Division), 7 U.S.C. §§ 6991-7002
Regulations
National Appeals Division Regulations, 7 C.F.R. §§ 11.1-11.33
Rules of Practice Governing Formal Adjudicatory Proceedings, 7 C.F.R. §§ 1.130-1.151
USDA Board of Contract Appeals Regulations, 7 C.F.R. §§ 24.1-24.21
Informal Appeal Regulations of the Farm Service Agency , 7 C.F.R. §§ 780.1-780.11
Equal Access to Justice Act Awards Procedures, 7 C.F.R. §§ 1.180-1.203
Rules of Practice Governing Hearings Under the Federal Insecticide, Fungicide, and Rodenticide Act,
40 C.F.R. §§ 164.1-164.133
Rules of Practice Governing Cease and Desist Orders Under Section 2 of the Capper-Volstead Act,
7 C.F.R. §§ 1.160-1.175
Rules of Practice Governing Reparations Under the Perishable Agricultural Commodities Act,
7 C.F.R. §§ 47.1-47.49
Rules of Practice Governing Reparations Proceedings Under the Packers and Stockyards Act,
7 C.F.R. §§ 202.1-202.
Notice, Comment, and Appeal Procedures for National Forest System Projects and Activities
36 C.F.R. Part 215
Federal Register Rules Open for Comment
Center published Federal Register Digest
Case Law
Note: Recently summarized cases are listed and linked in Recent Postings.
Case Law Index for Administrative Law
Administrative Law Decisions
Office of Administrative Law Judges
Office of the Judicial Officer
USDA National Appeals Division
Civilian Board of Contract Appeals
EPA Administrative Law Judges
EPA Environmental Appeals Board
Center published USDA Judicial Officer's Decisions
Center Research Publications
Developments in Administrative Law and Regulatory Practice, 2005-2006 -- Agriculture (Pittman, 2006)
Statutory Exhaustion of Administrative Remedies in Actions Against the USDA (Kelley, 2004)
Attorney's Fee Awards for Unreasonable Government Conduct: Notes on EAJA (Kelley, 2004)
USDA's National Appeals Division Procedures and Practice (Krub, 2003)
USDA National Appeals Division: An Outline of the Rules of Procedure (Kelley, 2003)
Dealing with the USDA: Federal Administrative Law Basics (Kelley, 2002)
Reference Resources
USDA
USDA Directives
Regulations & Directives
USDA Agencies and Staff Offices
Forest Service Directives
Natural Resources Conservation Service Directives
Risk Management Agency Directives
National Appeals Division
Office of the Inspector General
USDA Freedom of Information Act Home Page
Congressional Resources
General Accounting Office Reports
Other Federal Resources
Justice Department Attorney General's Manual on the Administrative Procedure Act (1947)
Freedom of Information Act (Department of Justice - DOJ)
Freedom of Information Act Guide (DOJ, May 2007)
Freedom of Information Act Reference Guide (DOJ, April 2005)
Overview of the Privacy Act (DOJ, May 2004)
Additional Resources
American Bar Association Section of Administrative Law & Regulatory Practice
Administrative Decisions and Other Actions -- By Agency (U. VA)
State and Federal Administrative Codes and Registers (NASS)
Administrative Agencies: An Overview (Legal Information Institute, Cornell)
Administrative Law (Emory U.)
Administrative Law: Web Resources (S. Methodist U.)
Administrative Procedures Database (ABA - FL State U.)
Recommended Readings and Publications (not freely available electronically)
Jeffrey S. Lubbers, A Guide to Federal Agency Rulemaking (4th ed. 2006)
James T. O'Reilly, Federal Preemption of State and Local Law: Legislation,
Regulation, and Litigation (2006)
Michael Asimow, A Guide to Federal Agency Adjudication (2002).
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