Handbook III.E: Review of Administrative Agency Orders

(See Fed. R. App. P. 15; D.C. Cir. Rules 15, 25(c)(3).)

1. How Obtained

To obtain review of an administrative agency order, a party must file a petition for review (or other document prescribed by the applicable statute) with the Clerk of this Court. The petition for review must designate the party seeking relief, the respondent(s), and the order to be reviewed. The respondent is the appropriate agency or officer of that agency. Some statutes also require the United States to be named as a respondent, and some statutes require the petitioner to attach a copy of the agency order or rule for which review is sought. The petition may be filed either electronically or in paper form. See D.C. Cir. Rule 25(c)(3). No additional paper copies of the petition are required unless the court directs otherwise. See D.C. Cir. Rule 25(d). In addition, the petitioner must serve a copy of the petition on all other parties who were participants in the agency proceeding, except in informal rulemaking proceedings, such as, for example, those covered by the Administrative Procedure Act, 5 U.S.C. § 553, or other statutory authority. In these informal rulemaking cases, petitioner need serve copies only on the respondent agency, and on the United States if required by statute. Petitioner also must file a list of those served. When the number of parties filing comments in informal rulemaking proceedings is not too great to impose an undue burden, it is courteous to serve those parties with a copy of the petition for review, although a copy of the agency order need not be attached.

2. Timing

The time for filing the petition for review is prescribed by the statute that sets forth the procedures for obtaining judicial review of the particular agency's orders.

3. Intervention

Unless the applicable statute provides otherwise, a party who wishes to intervene must file a motion for leave to intervene with service on all parties to the proceeding before this Court. The motion must contain a concise statement of the party's interest in the case, and the grounds for intervention. The motion must be filed within 30 days of the filing of the petition for review and must be accompanied by any disclosure statement required by Circuit Rule 26.1. A motion to intervene in a proceeding before this Court concerning direct review of an agency action will be deemed a motion to intervene in all cases before the Court involving the same agency action or order, including later filed cases, unless the moving party specifically advises otherwise. An order granting such a motion has the effect of granting intervention in all such cases, which are typically consolidated.