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FEDERAL ADMINISTRATIVE LAW RESEARCH EXERCISE

1.  What statute governs the policies and procedures of administrative agencies generally? Consider the problem this way: under what conditions may a court review an agency action? Suppose a consumer organization wished to challenge an FDA action with regard to the introduction of new food additives.

    On LEXIS try this search in the Federal Cases Library: fda w/15 agency discretion. Examine your results, in particular looking for Supreme Court cases.

    On WESTLAW try this search in the federal cases database: fda /p agency discretion. Examine your results, in particular looking for Supreme Court cases.

Now that you have a subset of cases to look at, answer the following questions.

1. What statute governs the policies and procedures of administrative agencies generally?

2a. What can you discern concerning the circumstances in which a court will review an agency rule?

2b. What can you discern concerning the circumstances in which a court will review an agency decision pursuant to its rule? Are they different from the circumstances in 2a?

3. When and if a court reviews an agency action, what evidence does it look to? What standard does it apply and how does it find that standard?

4.  Go to the Food and Drug Administration home page. Find the following information:

4a. How the FDA makes rules.

4b. How you can comment on those rules.

4c. Where the rules are published. (Note: There are two places on the website where you can find rules).

5. On the FDA website, find any rules, notices or announcements regarding the collection of information regarding treatment of persons exposed to anthrax.

6.  Find three different sources for FDA regulations (including one print source). Find them in codified form and as they first appear.

7.  How can you file a complaint with the FDA concerning a product?

8. Find the location of the metro station nearest to the FDA's building. Coming from Anacostia station how long would it take you to get to this station and how much would it cost you? Can you leave your bicycle at the station? If so, where?