FORUM CHOICES FOR JUDICIAL REVIEW OF FEDERAL AGENCY RULEMAKING.

Some of the most important federal policies are implemented and amended via federal agency rulemaking, where agencies exercise delegated authority to regulate large sectors of the economy, protect civil rights, preserve the environment, and defend national security. Although Congress has provided, through the Administrative Procedure Act, a nearly universal standard to govern the substance of judicial review, it has not provided a single answer to where that review should take place. This has spawned conflicting court decisions over ambiguities in jurisdictional statutes, and difficult policy questions over which is the ideal court to review agency rulemaking. It also has led to litigants challenging agency rules to engage in forumshopping-and, at times, judge-shopping-to cherry-pick the court likely to be most hostile to the agency's decision. This Article surveys the case law and scholarship, and provides a set of concrete recommendations to make judicial review of agency rulemaking more efficient and just. [ABSTRACT FROM AUTHOR]