Administrative Law – Timeline of Key Acts

Administrative law defines how federal agencies create regulations, enforce them, and how courts review agency actions. These laws remain the backbone of U.S. governance and the “administrative state.”

Administrative Procedure Act (APA, 1946)

• Established uniform procedures for agency rulemaking, adjudication, and judicial review.
• Codified due process protections in administrative law.
• Required notice-and-comment rulemaking and set standards for judicial review.

Freedom of Information Act (FOIA, 1966)

• Created the public’s right to access federal agency records.
• Requires agencies to proactively disclose certain information.
• Central tool for transparency and accountability in government.

Why It Matters Today

These laws:

Administrative Procedure Act (1946)

1) Link to the Text of the Act
Read the statute (5 U.S.C. §§ 551–559, 701–706)

2) Why It Was Done
Passed in the aftermath of the New Deal, the APA established a uniform process for federal agency rulemaking, adjudication, and judicial review, ensuring agencies operate with transparency and accountability.

3) Pre-existing Law or Constitutional Rights
Before the APA, agencies exercised broad, often unchecked authority. The Act codified due process principles for administrative action, grounded in the Fifth Amendment, and created standards for court review of agency decisions.

National Environmental Policy Act (NEPA, 1969)

1) Link to the Text of the Act
Read the statute (42 U.S.C. § 4321 et seq.)

2) Why It Was Done
NEPA was enacted to ensure that federal agencies consider the environmental impacts of their actions and decisions. It established a national environmental policy and created mechanisms for accountability.

3) Pre-existing Law or Constitutional Rights
Before NEPA, environmental protections were scattered across various statutes without a unified review process. NEPA created the requirement for Environmental Assessments (EAs) and Environmental Impact Statements (EISs).

Endangered Species Act (ESA, 1973)

1) Link to the Text of the Act
Read the statute (16 U.S.C. § 1531 et seq.)

2) Why It Was Done
The ESA was passed to protect species at risk of extinction and conserve the ecosystems upon which they depend. It was a response to growing concerns about biodiversity loss in the 20th century.

3) Pre-existing Law or Constitutional Rights
Earlier laws like the Endangered Species Preservation Act of 1966 and the Endangered Species Conservation Act of 1969 provided limited protections. The 1973 Act consolidated and strengthened federal authority.

Homeland Security Act (2002)

1) Link to the Text of the Act
Read the statute (6 U.S.C. § 101 et seq.)

2) Why It Was Done
Passed in the aftermath of September 11, 2001, the Act created the Department of Homeland Security (DHS) to coordinate national efforts against terrorism, improve border security, and streamline emergency response.

3) Pre-existing Law or Constitutional Rights
Before 2002, counterterrorism and homeland security functions were spread across multiple agencies (FBI, INS, Customs, FEMA, Coast Guard). The Act consolidated them into a single Cabinet-level department.