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Preserved or Forfeited: Agency Hearing Strategy and the Record That Controls Judicial Review

Arguments and evidence missing from the agency record can be forfeited before judicial review begins. Learn to build and protect the administrative record, preserve objections and legal issues, navigate agency-specific procedure and evidence rules, and position your case for successful review.

2026-11-20 12:00:00

Program Details

2026-11-20 12:00:00

Program Details

2026-11-20 12:00:00

Over 1,000+ webinars

2026-11-20 12:00:00

Course Overview

Judicial Review Is Won or Lost at the Agency Hearing

2026-11-20 12:00:00

Agency practice is not courtroom practice. Procedure and evidence before administrative agencies differ substantially from court, and they differ again from one agency to the next. The ground under judicial review is also moving. Recent Supreme Court decisions in Kisor, Loper, and Axon Enterprises, along with legislative changes in Indiana, are reshaping how courts treat the administrative state.

The record built at the hearing is the record the court reviews. Skip an objection, and the issue may be forfeited. Leave evidence out, and the reviewing court may never see it. Ignore exhaustion, and the challenge may stall before the merits. Misread the standard of review, and a strong argument lands on the wrong footing.

You will leave with a practical approach for each stage: perfecting and protecting the administrative record, preserving objections and legal issues, planning evidentiary strategy for the hearing, avoiding procedural pitfalls, and supplementing or challenging the record. Most of all, you will learn how to position a case for successful judicial review. These are judgment calls made in the hearing room, and no form can make them for you.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Perfecting the Record
How to build, protect, supplement, or challenge the administrative record, knowing it is the record that controls judicial review.
02
Agency-Specific Procedure
How substantial differences in procedure between agencies and courts, and from one agency to the next, change how you prepare.
03
Preserving Objections
How to preserve objections and legal issues at the hearing so exhaustion and forfeiture do not end the case on review.
04
Evidentiary Hearing Strategy
How to plan evidence for an agency hearing and avoid the procedural pitfalls that cost arguments before review.
05
Standards of Review
How the standard of review at the administrative level and on judicial review shapes the way you frame each issue.
06
The Shifting Administrative State
How recent Supreme Court trends in Kisor, Loper, and Axon Enterprises and legislative changes in Indiana affect your strategy.

Program schedule

clock 12:00 pm - 1:00 pm EST

Building the Record at the Agency Hearing: Procedure, Evidence, and Preserving Objections

Every judicial review begins with the record made before the agency. This session covers how to perfect the administrative record and why it matters on review, the substantial differences in procedure and evidence between agency proceedings and court and from one agency to the next, and evidentiary strategy at the hearing itself. The speakers will address how to preserve objections and legal issues, how exhaustion and forfeiture operate, and the procedural pitfalls that can cost an argument before it ever reaches a judge.

Bradley R. SugarmanBradley R. Sugarman
Jackson L. SchroederJackson L. Schroeder
clock 1:10 pm - 2:10 pm EST

From the Agency to the Courthouse: Standard of Review, Record Challenges, and the Shifting Administrative State

Once the agency decides, the record and the standard of review shape what a court can do. This session examines the standard of review at the administrative level and on judicial review, strategies for supplementing or challenging the administrative record, and how to position a case for successful judicial review. It closes with the decline of the administrative state, including recent Supreme Court trends in Kisor, Loper, and Axon Enterprises and legislative changes in Indiana.

Bradley R. SugarmanBradley R. Sugarman
Jackson L. SchroederJackson L. Schroeder
Bradley R. Sugarman

Bradley R. Sugarman

Bose McKinney & Evans LLP

Jackson L. Schroeder

Jackson L. Schroeder

Bose McKinney & Evans LLP

Bradley R. Sugarman

Bradley R. Sugarman

Bose McKinney & Evans LLP

Bradley R. Sugarman represents clients in administrative enforcement proceedings involving alleged environmental, health, and safety violations, defending actions brought by IDEM, EPA, and IOSHA. He chairs the Environmental Law Group at Bose McKinney & Evans LLP in Indianapolis, where his practice also spans environmental regulatory compliance, permitting, insurance coverage, and toxic tort and cost-recovery litigation in state and federal court.

Education & Credentials

Mr. Sugarman received his J.D. from Vermont Law School in 1998, after participating in the Law Student Exchange Program at Hastings College of Law, and his B.A. from the University of Virginia in 1994. He also attended DePauw University. He is admitted in Indiana and Colorado and before the Supreme Court of the United States, the U.S. Court of Appeals for the Seventh Circuit, the U.S. Court of Federal Claims, and the U.S. District Courts for the Northern District of Illinois and the Northern and Southern Districts of Indiana.

Recognition & Leadership

Mr. Sugarman is ranked by Chambers USA in Environmental Law (2025–2026), including Band 1 for Environment in Indiana in the 2026 guide. He has been listed in The Best Lawyers in America© for Environmental Law and Insurance Law (2018–2027) and was named to Indiana Super Lawyers (2015– 2019). He chaired the Indiana State Bar Association Environmental Law Section in 2004–2005.

Professional Involvement

Mr. Sugarman served on the Indianapolis Air Pollution Control Board from May 2015 to April 2016. He teaches environmental and toxic tort litigation as an adjunct professor at the Indiana University Robert H. McKinney School of Law. Since 2000 he has been a member of the American Bar Association Environmental Law and Natural Resources Committee, the Indiana State Bar Association Environmental Law Section, and the Indianapolis Bar Association Environmental Law and Litigation Section, and he is a member of the Indiana Air & Waste Management Association. He co-founded Bicycles for Humanity Indiana and serves on its board, and he has served on the board of Beyond Monumental since 2018.

Experience

In enforcement matters before IDEM, EPA, and IOSHA, Mr. Sugarman has frequently negotiated reduced penalties or agreed orders, and he obtained the retraction of a Special Notice of Liability. His compliance work includes environmental audits and self-reporting, CERCLA liability advice for contaminated sites, and air, water, and pretreatment permitting across several industries, including permit negotiation under the Clean Air Act and Clean Water Act.

In litigation, he has served as first chair and co-counsel in toxic tort and Environmental Legal Action cases, with results that include summary judgment and favorable trial-court rulings defended on appeal. His reported decisions include Markland v. Jasper County Planning and Development Dept., 829 N.E.2d 92 (Ind. Ct. App. 2005); C.W. v. Textron, Inc., 807 F.3d 827 (7th Cir. 2015); and CSX Trans., Inc. v. Appalachian Railcar Services, Inc., 509 F.3d 384 (7th Cir. 2007). He also recovers insurance for environmental liabilities and remediation costs and handles environmental due diligence for commercial and real estate transactions. He has spoken on trends in civil and criminal environmental enforcement and environmental audits and self-disclosure at the Indiana Environmental Conference.
Jackson L. Schroeder

Jackson L. Schroeder

Bose McKinney & Evans LLP

Jackson L. Schroeder handles administrative litigation at Bose McKinney & Evans LLP in Indianapolis, taking matters from agency hearings through judicial review and appeal. His practice also covers environmental litigation and insurance coverage disputes, and he builds each litigation strategy around the client’s own story, questions, and goals.

Education & Credentials

Mr. Schroeder is a 2018 graduate of the Indiana University Robert H. McKinney School of Law and a 2015 graduate of Wabash College. He is admitted in Indiana and before the U.S. Courts of Appeals for the Fourth and Seventh Circuits and the U.S. District Courts for the Northern and Southern Districts of Indiana.

Recognition & Leadership

Mr. Schroeder was named a 2026 Up & Coming Lawyer in Indiana Lawyer's Leadership in Law honors. Best Lawyers® has recognized him as one of the Ones to Watch in America (2025–2027) in Environmental Law, Insurance Law, and Litigation – Environmental. He is a graduate of IndyBar's Bar Leader Class XXI.

Professional Involvement

Mr. Schroeder writes and speaks on environmental and regulatory law. His publications include "PFAS in Biosolids and the Impacts on Agriculture," 30 Drake J. Agric. L. 215 (2025), and IndyBar commentary on EPA's CERCLA hazardous substance designation for PFOA and PFOS and on Sackett v. EPA. He has presented on the Indiana Flood Control Act and Indiana Navigable Waters Act and, at the American Agricultural Law Association Annual Symposium, on protecting agricultural clients from PFAS.

Experience

Mr. Schroeder overturned Indiana Department of Labor/IOSHA orders and helped recover nearly $400,000 in fees, costs, and expenses for the client (cause no. 49D13-2106-PL-018812). He chaired a twoday administrative bench trial that upheld a DNR permit (administrative cause no. 23-041W; OALP cause no. DNR-2506-002053), and in another permit matter he excluded the opposing expert and won summary judgment affirming the DNR permit (administrative cause no. 21-027W, 16 CADDNAR 27).

On judicial review, he defended agency action that the trial court affirmed (cause no. 22D03-2312-PL- 001650), and he helped secure Indiana Court of Appeals decisions affirming favorable agency action and the dismissal of collateral attacks (2025 WL 2472974; 2025 WL 2473111). In environmental litigation, he won summary judgment on an ELA claim, removed a toxic tort case to federal court under CAFA and opposed remand (2024 WL 1956211), obtained dismissal of certain claims for lack of Article III standing (2024 WL 4986613). His coverage letters have led insurers to reverse earlier denials and agree to defend.
Bradley R. Sugarman

Bradley R. Sugarman

Bose McKinney & Evans LLP

Bradley R. Sugarman represents clients in administrative enforcement proceedings involving alleged environmental, health, and safety violations, defending actions brought by IDEM, EPA, and IOSHA. He chairs the Environmental Law Group at Bose McKinney & Evans LLP in Indianapolis, where his practice also spans environmental regulatory compliance, permitting, insurance coverage, and toxic tort and cost-recovery litigation in state and federal court.

Education & Credentials

Mr. Sugarman received his J.D. from Vermont Law School in 1998, after participating in the Law Student Exchange Program at Hastings College of Law, and his B.A. from the University of Virginia in 1994. He also attended DePauw University. He is admitted in Indiana and Colorado and before the Supreme Court of the United States, the U.S. Court of Appeals for the Seventh Circuit, the U.S. Court of Federal Claims, and the U.S. District Courts for the Northern District of Illinois and the Northern and Southern Districts of Indiana.

Recognition & Leadership

Mr. Sugarman is ranked by Chambers USA in Environmental Law (2025–2026), including Band 1 for Environment in Indiana in the 2026 guide. He has been listed in The Best Lawyers in America© for Environmental Law and Insurance Law (2018–2027) and was named to Indiana Super Lawyers (2015– 2019). He chaired the Indiana State Bar Association Environmental Law Section in 2004–2005.

Professional Involvement

Mr. Sugarman served on the Indianapolis Air Pollution Control Board from May 2015 to April 2016. He teaches environmental and toxic tort litigation as an adjunct professor at the Indiana University Robert H. McKinney School of Law. Since 2000 he has been a member of the American Bar Association Environmental Law and Natural Resources Committee, the Indiana State Bar Association Environmental Law Section, and the Indianapolis Bar Association Environmental Law and Litigation Section, and he is a member of the Indiana Air & Waste Management Association. He co-founded Bicycles for Humanity Indiana and serves on its board, and he has served on the board of Beyond Monumental since 2018.

Experience

In enforcement matters before IDEM, EPA, and IOSHA, Mr. Sugarman has frequently negotiated reduced penalties or agreed orders, and he obtained the retraction of a Special Notice of Liability. His compliance work includes environmental audits and self-reporting, CERCLA liability advice for contaminated sites, and air, water, and pretreatment permitting across several industries, including permit negotiation under the Clean Air Act and Clean Water Act.

In litigation, he has served as first chair and co-counsel in toxic tort and Environmental Legal Action cases, with results that include summary judgment and favorable trial-court rulings defended on appeal. His reported decisions include Markland v. Jasper County Planning and Development Dept., 829 N.E.2d 92 (Ind. Ct. App. 2005); C.W. v. Textron, Inc., 807 F.3d 827 (7th Cir. 2015); and CSX Trans., Inc. v. Appalachian Railcar Services, Inc., 509 F.3d 384 (7th Cir. 2007). He also recovers insurance for environmental liabilities and remediation costs and handles environmental due diligence for commercial and real estate transactions. He has spoken on trends in civil and criminal environmental enforcement and environmental audits and self-disclosure at the Indiana Environmental Conference.
Jackson L. Schroeder

Jackson L. Schroeder

Bose McKinney & Evans LLP

Jackson L. Schroeder handles administrative litigation at Bose McKinney & Evans LLP in Indianapolis, taking matters from agency hearings through judicial review and appeal. His practice also covers environmental litigation and insurance coverage disputes, and he builds each litigation strategy around the client’s own story, questions, and goals.

Education & Credentials

Mr. Schroeder is a 2018 graduate of the Indiana University Robert H. McKinney School of Law and a 2015 graduate of Wabash College. He is admitted in Indiana and before the U.S. Courts of Appeals for the Fourth and Seventh Circuits and the U.S. District Courts for the Northern and Southern Districts of Indiana.

Recognition & Leadership

Mr. Schroeder was named a 2026 Up & Coming Lawyer in Indiana Lawyer's Leadership in Law honors. Best Lawyers® has recognized him as one of the Ones to Watch in America (2025–2027) in Environmental Law, Insurance Law, and Litigation – Environmental. He is a graduate of IndyBar's Bar Leader Class XXI.

Professional Involvement

Mr. Schroeder writes and speaks on environmental and regulatory law. His publications include "PFAS in Biosolids and the Impacts on Agriculture," 30 Drake J. Agric. L. 215 (2025), and IndyBar commentary on EPA's CERCLA hazardous substance designation for PFOA and PFOS and on Sackett v. EPA. He has presented on the Indiana Flood Control Act and Indiana Navigable Waters Act and, at the American Agricultural Law Association Annual Symposium, on protecting agricultural clients from PFAS.

Experience

Mr. Schroeder overturned Indiana Department of Labor/IOSHA orders and helped recover nearly $400,000 in fees, costs, and expenses for the client (cause no. 49D13-2106-PL-018812). He chaired a twoday administrative bench trial that upheld a DNR permit (administrative cause no. 23-041W; OALP cause no. DNR-2506-002053), and in another permit matter he excluded the opposing expert and won summary judgment affirming the DNR permit (administrative cause no. 21-027W, 16 CADDNAR 27).

On judicial review, he defended agency action that the trial court affirmed (cause no. 22D03-2312-PL- 001650), and he helped secure Indiana Court of Appeals decisions affirming favorable agency action and the dismissal of collateral attacks (2025 WL 2472974; 2025 WL 2473111). In environmental litigation, he won summary judgment on an ELA claim, removed a toxic tort case to federal court under CAFA and opposed remand (2024 WL 1956211), obtained dismissal of certain claims for lack of Article III standing (2024 WL 4986613). His coverage letters have led insurers to reverse earlier denials and agree to defend.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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Live stream programs

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Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
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Pending
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Pending
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Approved
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Pending
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Pending
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Approved
Iowa
Pending
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Pending
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Pending
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Pending
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Pending
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No Required
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No Required
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No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
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Pending
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Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
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Pending
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No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
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Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

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