Battling Overregulation in State Courts

49 Pages Posted: 15 May 2023

See all articles by Reeve Bull

Reeve Bull

Administrative Conference of the United States

Date Written: May 2023

Abstract

Litigants have increasingly begun to challenge federal regulations, alleging that the underlying economic analysis is flawed in some respect. A similar opportunity exists in many states. Forty-one states have enshrined some form of economic-analysis requirement in their statutory law. In at least 32 of these states, the state-level Administrative Procedure Act (APA) includes a judicial review provision that is substantially identical to that contained in the federal APA, and another five states include essentially identical judicial-review provision outside of the APA.

Keywords: Administrative Procedure Act, benefit-cost analysis, economic analysis, judicial review, regulation, state agencies, state courts

JEL Classification: K, K2

Suggested Citation

Bull, Reeve, Battling Overregulation in State Courts (May 2023). Mercatus Research Paper, Available at SSRN: https://ssrn.com/abstract=4448807

Reeve Bull (Contact Author)

Administrative Conference of the United States ( email )

1120 20th St NW
Suite 706 South
Washington, DC 20036
United States
2024802080 (Phone)

HOME PAGE: http://www.acus.gov

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