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.
Administrative Procedure Act, 5 U.S.C. §§ 500-504, 551-559, 561-570a, 571-584, 591-596
Freedom 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. §§ 3729-3733
Contract Disputes Act, 41 U.S.C. §§ 7101-7109
Department of Agriculture Reorganization Act of 1994 (National Appeals Division), 7 U.S.C. §§ 6991-7002
Rules of Practice Governing Formal Adjudicatory Proceedings, 7 C.F.R. §§ 1.130-1.151
Rules of Practice Governing Cease and Desist Orders Under Section 2 of the Capper-Volstead Act, 7 C.F.R. §§ 1.160-1.175
Equal Access to Justice Act Awards Procedures, 7 C.F.R. §§ 1.180-1.203
National Appeals Division Regulations, 7 C.F.R. §§ 11.1-11.33
Rules of Practice Governing Reparations Under the Perishable Agricultural Commodities Act, 7 C.F.R. §§ 47.1-47.49
Federal Seed Act Rules of Practice, 7 C.F.R. §§ 202.1-202.44
Informal Appeal Regulations of the Farm Service Agency , 7 C.F.R. §§ 780.1-780.17
Rules of Practice Governing Proceedings Under the Packers and Stockyards Act, 9 C.F.R. §§ 202.1-202.210
Rules of Practice Governing Hearings Under the Federal Insecticide, Fungicide, and Rodenticide Act, 40 C.F.R. §§ 164.1-164.133
Administrative Law Decisions
Center published USDA Judicial Officer’s Decisions
Center Research Publications
Dealing with the USDA: Federal Administrative Law Basics (Kelley, 2002)
Agricultural Law Bibliography
Legal publications on Administrative Law:
Department of Justice (DOJ)
Overview of the Privacy Act (July 2012)
Other Federal Resources
Administrative Law Posts (Ag & Food Law Blog)
Administrative Law: An Overview (Legal Information Institute, Cornell)
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)
Matthew P. Downer, Note, Tentative Interpretations: The Abracadabra of Administrative Rulemaking and the End of Alaska Hunters, 67 Vand. L. Rev. 875 (2014).
Daniel A. Farber, Anne Joseph O’Connell, The Lost World of Administrative Law, 92 Tex. L. Rev. 1137 (2014).
Dustin Plotnick, Note, Agency Settlement Reviewability, 82 Fordham L. Rev. 1367 (2013).
Sean Croston, It Means What It Says: Deciphering and Respecting the APA’s Definition of “Rule”, 53 Washburn L.J. 27 (2013).