Expanding the Administrative Record in Administrative Procedure Act Litigation
Litigation and Dispute Resolution attorney Steven Gordon authored an article in The Journal of Federal Agency Action about expanding the administrative record in Administrative Procedure Act (APA) litigation. He explains that in most APA cases, there is no issue about the completeness of the administrative record. The basis for the agency’s action is fully disclosed in the record that it produces. When an administrative record is incomplete, the matter can sometimes be resolved through discussions between counsel. He notes that litigation over expanding the administrative record is unusual, but it can be vital to the outcome of the case.