Agencies in Court: Litigating Challenges to Agency Rules (SC)

Parties adversely affected by a rule of a federal regulatory agency may challenge the rule in federal court. This course will examine the tactics, strategies, and arguments deployed by potential litigants and by the government during rulemaking and in subsequent litigation. Issues discussed will include the role of rulemaking comments and cost-benefit analysis, standing and venue for challenges to agency action, and the standards and procedures governing the litigation. We will use court challenges to Securities and Exchange Commission rules, among others, to illustrate the concepts.