2 Administrative Law Issues In Tribal CARES Act Funds Ruling

Administrative Law Partner Steven Gordon published an article in Law360 analyzing two recurring issues in administrative law that arose in a recent case regarding tribal funding under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The U.S. Court of Appeals for the District of Columbia Circuit ruled in Shawnee Tribe v. Mnuchin that the U.S. Department of the Treasury's allocation of CARES Act funds to the Shawnee Tribe was arbitrary and capricious and therefore invalid. Relevant to administrative law, however, was the court's determination that the allocation was reviewable under the Administrative Procedure Act. Mr. Gordon explains that the decision raises two important questions: When are discretionary agency decisions exempt from judicial review, and when does an agency's reliance on imperfect data amount to arbitrary and capricious conduct? His article examines these two questions as they apply to the case.

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