Isabelle Colaiezzi (3L): The Thunder Basin Boom

Abstract:
This Comment examines the limitations placed on federal district court jurisdiction over challenges to administrative agencies through the doctrine of implied preclusion. When it is unclear from the review scheme whether Congress intended to allow district courts to hear challenges to ongoing administrative proceedings, courts have utilized a two-step approach taken from Thunder Basin Coal Company v. Reich. Such an approach often results in a finding of preclusion. This Comment analyzes the evolution of the doctrine, explains the most recent exception carved out in Axon Enterprise, Inc. v. Federal Trade Commission, and considers the jurisprudential flaws in the doctrine as of 2024.