Demystifying Reliance Interests in Judicial Review of Regulatory Change

Gary Bridgens authored an article for the George Mason Law Review, titled “Demystifying Reliance Interests in Judicial Review of Regulatory Change.”

The article discusses how the United States Supreme Court — despite instructing that a court reviewing agency decisions is required to consider any reliance interests that have been engendered — has itself considered reliance issues without a clear framework or guiding principles.  Bridgens writes that by insufficiently explaining the role of reliance interests, the Supreme Court has failed to ensure that administrative rulemakings adequately consider societal welfare and are not arbitrary and capricious.

Click here to read the full article on the George Mason Law Review's website.