Rethinking Judicial Review of Expert Agencies

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  • August 3, 2015

When generalist courts review agency decisions, they are often faced with the problem of needing to provide judicial oversight while at the same time not second-guessing the agency’s technical expertise. Professor Fisher, Mr. Pascual and Professor Wagner performed an empirical study on national ambient air quality standards (NAAQS) decisions to determine how courts decide these kinds of cases. They conclude that judicial review of agency decisions is a multifaceted collaborative effort between the agency and the courts and that internal yardsticks adopted by the agency provide helpful tools for courts to review agency decisions.