Federal Administrative Law Tools

Overview:

This section is designed for individuals, nonprofits, and organizations engaged in advocacy, compliance, or disputes involving federal agencies. Whether you're responding to a proposed rule, requesting public records, or appealing an adverse agency decision, you'll find essential tools and guidance here. From FOIA to the APA, this hub equips you to engage effectively with federal regulatory systems.

Downloadable Tools:

FAQs:

What is the Administrative Procedure Act?
The Administrative Procedure Act (APA) is a federal law that governs how federal agencies propose and establish regulations, as well as how they make and review decisions. It ensures transparency, public participation, and fairness in the rulemaking and adjudication processes. The APA also provides a legal framework for individuals and organizations to challenge agency actions in court if those actions are arbitrary, capricious, or not in accordance with the law.

When can I file a FOIA appeal?
You can file a FOIA appeal after a federal agency either denies your FOIA request in whole or in part, or fails to respond within the required timeframe (typically 20 working days). Appeals must generally be submitted within 90 calendar days of the agency's determination and should include a copy of the original request and the denial letter. Appeals can be based on improper withholdings, unreasonable delays, or procedural failures.

Blog Posts:

How to Challenge a Federal Rule
Understanding NEPA & APA in 5 Minutes

External Links:

FOIA.gov — Central portal for submitting FOIA requests to federal agencies.
eCFR — The Electronic Code of Federal Regulations provides access to updated federal rules and regulations.
Regulations.gov — Public portal for viewing and commenting on proposed federal regulations.
DOI Office of Hearings & Appeals — The Office of Hearings and Appeals (OHA) exercises the delegated authority of the Secretary of the Interior to conduct hearings and decide appeals from decisions of the bureaus and offices of the Department of the Interior.
Interior Board of Land Appeals (IBLA) — The IBLA provides an impartial forum within the Department of the Interior for the resolution of disputes involving public lands and natural resources under the Department’s jurisdiction.