Administrative Law
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, 551-559, 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
Regulations
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
Postdecisional Administrative Review Process for Occupancy or Use of National Forest System Lands and Resources 36 C.F.R. §§ 214.1-214.22
Rules of Practice Governing Hearings Under the Federal Insecticide, Fungicide, and Rodenticide Act 40 C.F.R. §§ 164.1-164.133
Federal Register Rules Open for Comment
Case Law
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
Filings, Proceedings, Orders and Decisions of the EPA’s Administrative Law Judges
EPA Environmental Appeals Board
Center published USDA Judicial Officer’s Decisions
Center Research Publications
Fifth Circuit Rules SEC Administrative Proceedings Unconstitutional (Brown & Rollins, 2022)
Beef, Beans, & the First Amendment: Disappearing Sovereignty for State Beef Councils and Soybean Boards? (Pittman, 2017)
A Practitioner’s Guide to the Litigation of Federally Reinsured Crop Insurance Claims (Ballard, 2012)
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, Updated by Urbanek, 2019)
USDA National Appeals Division: An Outline of the Rules of Procedure (Kelley, 2003)
Dealing with the USDA: Federal Administrative Law Basics (Kelley, 2002)
Agricultural Law Bibliography
Introduction | Keyword Search | Browse Categories
Legal publications on Administrative Law:
Administrative Law (Federal and State Farm Programs)
Reference Resources
Department of Justice (DOJ)
Justice Department Attorney General’s Manual on the Administrative Procedure Act (1947)
Freedom of Information Act Guide
Overview of the Privacy Act (July 2015)
U. S. Department of Agriculture (USDA)
USDA Agencies and Staff Offices
FSA Handbook: Program Appeals, Mediation, and Litigation
Office of Hearings and Appeals Strategic Plan 2018-2022
Congressional Resources
General Accounting Office Reports and Testimonies
Other Federal Resources
Natural Resources Conservation Service Directives
Risk Management Agency Laws and Regulations
Risk Management Final Agency Determinations
Office of the Inspector General
USDA Freedom of Information Act Home Page
Additional Resources
American Bar Association Section of Administrative Law & Regulatory Practice
State and Federal Administrative Codes and Registers (NASS)
Administrative Law: An Overview (Legal Information Institute, Cornell)
Administrative Procedures Database (ABA – FL State U.)
Federal Administrative Law Research Guide (Duke U. School of Law)
Federal Administrative Law: A Brief Overview (LLSDC)
Publications
Agriculture Decisions Publication (USDA)
Laws and Regulations (USDA)
Laws and Regulations That Apply to Your Agricultural Operation by Farm Activity (EPA)
An Overview of Federal Regulations and the Rulemaking Process (CRS, IF 10003, March 19, 2021)
Administrative Agency Deference- Little Help For Ag From the Supreme Court (McEowen, 2019)
Farmers, Ranchers, and Government Administrative Agencies (McEowen, 2017)
Understanding Administrative Law (Fox, 2000)
Recommended Readings and Publications (not freely available electronically)
Jeffrey S. Lubbers, A Guide to Federal Agency Rulemaking (6th ed. 2018)
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).
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)