Regulations and orders issued by federal agencies, as well as other actions taken by agencies and agency officials, have monumental consequences for American businesses and professionals. Our attorneys have substantial experience both litigating challenges to agency actions under the Administrative Procedure Act (APA) or otherwise and representing clients in agency proceedings. We work with trade associations and large and small businesses in a wide range of industries to challenge federal agency actions that transgress statutory or constitutional limits. We also represent parties that support agency actions—including decisions to deregulate—that are challenged by others.

Our team includes lawyers who have served in senior positions at a broad range of federal agencies—including the Department of Justice, the agency tasked with defending challenges in court—and have substantial knowledge of and experience in specific regulated industries. We regularly advise clients at every stage of the administrative process—from developing initial legal strategy and drafting comments during the rulemaking process to litigating in federal district or appellate courts across the country—and we are particularly well equipped to address novel and complex statutory and constitutional issues that arise during administrative law proceedings or resulting litigation.

Significant agency actions are almost always challenged in court, either by the industry or party being regulated or by third parties objecting to agency deregulatory efforts or urging more stringent regulation. Parties that support agency actions challenged by others often intervene in the litigation to help defend the action at issue. Before litigation even begins, parties must ensure that their interests are represented before the agency in question. We represent clients during agency proceedings of all types, and we have challenged—and in other contexts, defended—regulations and orders by a wide range of federal agencies, including the: