When a client is seeking to challenge a decision—or defend a rule—made by a US or state government agency, we use our sophisticated understanding of the federal Administrative Procedure Act (APA), 5 U.S.C. §§ 551–559, and analogous state statutes to craft effective strategies at every stage of a dispute. Because courts decide APA cases based on the agency’s administrative record, without conducting discovery, they are a natural fit for the powerful appellate advocacy skills of the lawyers in our issues and appeals practice. We apply those appellate skills in collaboration with the extensive regulatory knowledge of lawyers across the firm to handle complex administrative law litigation at both the federal and state levels. Our team is positioned to handle high-stakes disputes in a wide range of industries and regulatory schemes, including energy and environmental, labor and employment, financial services, technology, and more.

From pre-litigation counseling through merits briefing and oral argument, we represent clients litigating challenges to agency rules, petitions for review of agency actions, and other agency final actions. We have extensive experience in cases involving claims that an agency exceeded its statutory authority, acted arbitrarily and capriciously, failed to follow required procedures, or adopted interpretations inconsistent with governing law. On the other side, we also defend rules, representing intervenors in support of federal agencies.

The demands of APA litigation are unique, and our lawyers are intensely familiar with the intricacies such as assisting during the comment period to preserve issues for review, addressing threshold justiciability questions, and presenting technical, difficult regulatory issues in a clear and persuasive manner. With the ability to navigate both federal APA claims and equivalent state court proceedings, we offer clients a seamless approach to administrative law litigation, regardless of origin or venue, and a strong command of the procedural and substantive issues that often determine the outcome.

Our team is equally capable of defending permits, licenses, and other governmental approvals when they are challenged in federal or state courts. We understand the practical and business significance of maintaining regulatory approvals and we work closely with clients to protect their interests through coordinated litigation strategy, emergency motion practice, and effective merits advocacy.