Litigating the Rules: Organized Interests, Judicial Review, and Federal Agencies

• In Event: Judicial Review, Bureaucratic Implementation, and U.S. Legal Policy

Abstract

Do organized interests influence the judicial review of rules promulgated by federal agencies? Extant research demonstrates that interest group routinely lobby federal agencies during the rulemaking process, but we know comparatively little about the influence of organized interests on judicial decision-making when the rule is challenged in court. Using an original dataset of all instances of judicial review of federal agency rules and actions on natural resources and public lands policy over a ten-year period, this study explores the types of organized interests involved in lobbying the reviewing courts and the extent of their influence on judicial deference to federal agencies. This research provides insight into the influence of outside actors in shaping administrative rulemaking and contributes to our understanding of interest groups, judicial behavior, and public administration.

Author

• Jared Perkins, California State University, Long Beach