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Administrative Procedure Act

Companies in highly regulated industries have an interest in ensuring that federal agencies act lawfully, explain their actions sufficiently, and treat similarly situated entities fairly. The Administrative Procedure Act (APA) keeps federal agencies within these bounds.  

Combining substantive regulatory experience and familiarity with litigation involving the government, our APA team routinely challenges actions taken by the full alphabet of federal agencies. We seek TROs when clients face imminent threats, file complaints when agencies exceed their authority, and petition for review when agency actions do not comply with the law. The APA team knows our clients’ businesses and how to protect their interests.



Representative experience

We represented the plaintiff in a challenge to CMS's decision to reimburse a biologic as a multiple source drug.

We represented the petitioner in a challenge to an FCC order regarding eligibility for bidding credits in a spectrum auction.

We represented a pharmaceutical company in a challenge to FDA’s denial of orphan drug exclusivity.

We represented the intervenor in a challenge to FERC's approval of a natural gas facility.

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