In an article published in Law360, David Ogden, Kevin Lamb and Joseph Meyer discuss the impact of the US Supreme Court's April decision in Carr v. Saul[1] on agency rulemaking.
Excerpt: Participants in administrative proceedings are routinely cautioned to raise, or "exhaust," all issues with the agency to avoid being barred from later raising those issues in court. But whether a court will require issue exhaustion as a prerequisite to judicial review is often hard to predict.
The U.S. Supreme Court's April decision in Carr v. Saul[1] — which held that applicants for disability benefits could raise certain challenges to the denial of their applications for the first time in court — helps clarify when the doctrine of administrative issue exhaustion applies.
The impact of that decision, however, remains to be seen in one context of special significance to regulated parties: agency rulemaking.
