Recent trends in how federal district courts exercise their power of judicial review underscore the changing nature of regulatory litigation. In the first installment of this two-part series, we discussed three trends—the rise of multidistrict litigation, the increase in discovery and the decline of judicial deference. In this second installment, we discuss two additional trends—the rigorous enforcement of the Administrative Procedure Act’s standard of review and the rise of nationwide injunctions.
The Administrative Procedure Act has teeth.
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