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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
Case Summaries from the National AgLaw Reporter
Georgia Department of Agriculture v. Brown (2004) (termination from farmers' market)
Hill v. Courter (2004) (abstention of federal court)
Harts v. Johanns (2006) (failure to appeal)
Harts v. Johanns (2006) (appropriateness of agency action)
Harts v. Johanns (2006) (consistency with administrative record)
Harts v. Johanns (2006) (exhaustion of remedies)
International Center for Technology Assessment v. Johanns (2006) (appropriateness of agency action)
Center for Food Safety v. Johanns (2006) (permitting requirements for GMOs)
Cotrell v. United States (2006) (statute of limitations; failure to exhaust remedies)
Cactus Corner, LLC. v. United States Dep't of Agric. (2006) (risk level)
Hall v. United States (2005) (jurisdiction of settlement agreement)
Barnes v. United States (2006) (FSIS’s tort immunity)
Barger v. Johanns (2006) (Farm Program eligibility)
Southern California Edison Co. v. Fed. Energy Reg. Comm. (2006) (energy purchase)
Barrientos v. United States (2006) (breach of contract)
Clason v. Johanns (2006) (marketing assistance loan rate)
Siebrasse v. USDA (2005) (conversion from PFC to CRP)
Davies v. Johanes [sic] (2006) (shared appreciation recapture)
Johnson County Citizen Committee for Clean Air and Water v. EPA (2005) (compelled agency action)
Rain & Hail Insurance Service, Inc. v. Federal Crop Insurance Corporation (2005) (reinsurance)
Mages v. Johanns (2005) (payment limitations)
Rosenau v. Farm Service Agency (2005) (NRCS does not follow proper procedure)
Excel Corp. v. USDA (2005) (grading and pricing under PSA)
Horn Farms v. Johanns (2005) (Swampbuster exemption)
Waterkeeper Alliance v. United
States Environment Protection Agency (2005) (challenge to CAFO Act)
London v. Fieldale Farms Corp. (2005) (Chevron deference to Secretary)
Buchholz v. Rural Community Insurance Company (2005) (exhaustion of remedies)
Ace Property & Casualty Insurance Company v. FCIC and Risk Management Agency (2005)
(exhaustion of remedies)
Nebraska Beef, Ltd. v. Greening (2005) (Bivens remedy availability)
Sierra Club v. Bosworth (2005) (supplementing record)
Sierra Club v. Bosworth (2005) (exhaustion of remedies)
Sierra Club v. Bosworth (2005) (appropriateness of agency action)
Sierra Club v. Bosworth (2005) (agency compliance with regulation)
Lion Raisins, Inc. v. USDA (2004) (Freedom of Information Act)
B & D Land and Livestock Co. v. Veneman (2004) (right to challenge agency decision)
Avocados Plus Incorporated v. Veneman (2004) (exhaustion of remedies)
Northwest Independent Producers Ass'n v. Veneman (2004) (judicial review; exhaustion of remedies)
Ranchers Cattlemen Action Legal Fund v. Veneman (2004) (challenge mad cow regulation)
Alto Dairy v. Veneman (2004) (judicial review; adequate notice)
Milk Train, Inc. v. Veneman (2004) (judicial review)
Reinhart v. United States Dep't of Agric. (2004) (untimely appeal)
Dailey v. American Growers Ins. (2004) (Merrill doctrine)
Louisiana Federal Land Bank Ass'n v. Farm Credit Administration (2004) (notice and comment)
Ace Property & Cas. Ins. Co. v. United States (2004) (exhaustion of remedies)
Hemp Industries Ass'n v. Drug Enforcement Admin. (2004) (notice and comment)
Idaho Sporting Congress, Inc. v. Rittenhouse (2004)
(exhaustion of remedies)
United States v. Childers (2004) (exhaustion of remedies)
Bishop v. Veneman (2004) (challenge FSA regulation)
McKown v. United States Dep't of Agric. (2003) (judicial review)
Lion Raisins v. United States (2003) (EAJA elegibility)
Shaffer v. Veneman (2003) (jurisdiction)
Payton v. United States Dep't of Agric. (2003) (judicial review)
CropLife America v. E.P.A. (2003) (notice and comment)
Lane v. U.S. Dept. of Agric. (2003) (attorneys' fees under EAJA)
In re 2000 Sugar Beet Crop Ins. Litigation 2002 (2003) (exhaustion of remedies)
Kuster v. Veneman (2003) (exhaustion of remedies)
McBride Cotton and Cattle Corp. v. Veneman (2002) (exhaustion of remedies)
Hershey Foods Corporation v. Department of Agriculture (2002) (exhaustion of remedies)
McDaniels v. United States (2002) (denial of disaster relief)
Sugar Cane Growers Co-op of Florida v. Veneman (2002) (notice and comment)
Administrative Law Decisions
Office of Administrative Law Judges
Office of the Judicial Officer
USDA National Appeals Division
USDA 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 2004)
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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