Tracking the Surge in Administrative Procedure Act Litigation

The Administrative Procedure Act (APA) has governed how federal agencies make and defend their decisions for 80 years. In a recent article, Lexis Nexis highlights how APA litigation is climbing to record levels and reshaping how agencies and companies manage regulatory risk.

Agency activity touches nearly every regulated industry, so understanding how APA disputes unfold in federal court has become essential for legal teams tracking regulatory exposure. The article calls the act one of the most consequential tools available to parties challenging agency conduct.

Enacted in 1946, the APA set baseline procedural standards for federal rulemaking, adjudication, public access to agency records, and judicial review. Its reach extends across environmental permitting, immigration, healthcare, labor law, financial oversight, and other areas where agency decisions carry significant economic and individual consequences.

Because so many sectors depend on agency action, the APA continues to serve as a primary vehicle for testing whether that action was lawful.

The article traces a sharp rise in APA filings in federal district courts, climbing from roughly 1,660 in 2020 to more than 2,700 in 2025, with filings already surpassing 1,400 through the first five months of 2026.

Several forces are driving this trend, including Supreme Court rulings that curtailed judicial deference to agencies and opened older regulations to fresh challenges; pandemic-era emergency actions that generated new grounds for disputes; and mounting agency backlogs, particularly in immigration, that fuel claims of unlawful delay.

Legal teams should monitor enforcement trends closely. Rising APA litigation signals growing willingness to challenge agency decisions across industries. Companies operating in heavily regulated sectors should reassess regulatory approvals processes to anticipate potential delays or legal exposure.

Enterprise risk management planning should account for the increased likelihood of agency action being contested or overturned. Outside counsel spend may also rise as more disputes proceed through litigation rather than informal resolution.