Future Of Issue Exhaustion In Agency Rulemaking Challenges

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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 - 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.

Originally published in Law360 - October 20, 2021.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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