This moderated panel discussion will focus on the line between formal agency action and informal agency action, and the impact of Sackett v. Environmental Protection Agency, 132 S.Ct. 1367 (2012), on challenges to agency action.  The panel will discuss topics including: (1) what constitutes “final action” after Sackett; (2) whether agencies will be more likely to use informal methods and how that could impact the day-to-day activities of the regulated public; and (3) other potential effects of Sackett on agency practice, the regulated community and the public interest.  Our panelists include a government attorney who typically defends agency decisions, a private practitioner who frequently challenges agency action, and an attorney with a large non-profit organization that often tries to guide federal action. Each panelist will approach these complicated issues from their unique perspective.

This brown bag luncheon program is sponsored by the Legislative Practices Committee of the Administrative Law and Agency Practice Section. In cosponsorship with the Antitrust and Consumer Law Section, the Courts, Lawyers and the Administration of Justice Section, the Criminal Law and Individual Rights Section, the Environment, Energy and Natural Resources Section, the Labor and Employment Law Section, the Law Practice Management Section and the Taxation Section.