Taking a Byte Out of Abusive Agency Discretion: A Proposal for Disclosure in the Use of Computer Models

This Note examines the need for comprehensive requirements for the release of information pertaining to the use of computer-generated simulations used by federal administrative agencies or parties appearing before regulatory bodies. Part I of this Note defines computer models, identifies some of their current uses in administrative proceedings and describes the advantages of these models. Part II reviews the current requirements for documentation of computer models and the judicial review standards for agency findings. Part III examines the potential problems in the use of models and discusses the need for more adequate disclosure. Part IV describes several tests for verifying the accuracy of models. This Part concludes by suggesting documentation requirements to ensure the most beneficial use of computer models in administrative proceedings.