Judicial Review of Agency Action

Citations:

5 U.S.C. §§ 701-706 (2012), originally enacted as Administrative Procedure Act § 10; significantly amended by Pub. L. No. 94-574, 90 Stat. 2721; 28 U.S.C. §§ 1331, 1631, 2112, 2341–2351 (2012).

Overview:

    APA Provisions. The principal statutory authorities governing judicial review of agency action are 5 U.S.C. §§ 701–706, which codify section 10 of the Administrative Procedure Act. Sections 701–706 constitute a general restatement of the principles of judicial review embodied in many statutes and judicial decisions; however, they leave the mechanics regarding judicial review to be governed by other statutes or court rules.  For a thorough discussion of cases concerning both availability and scope of judicial review, see Michael Herz, Richard Murphy, and Kathryn Watts, eds., A Guide to Judicial and Political Review of Federal Agencies 1-257 (Am. Bar. Ass’n, 2d ed. 2015). For a summary of the law, see Section of Administrative Law and Regulatory Practice, American Bar Association, A Blackletter Statement of Federal Administrative Law 31–66 (2d ed. 2013).
    Section 701 embodies the basic presumption that judicial review is available as long as no statute precludes such relief or the action is not one committed by law to agency discretion. Abbott Labs. v. Gardner, 387 U.S. 136, 140 (1967); Citizens to Pres. Overton Park, Inc. v. Volpe, 401 U.S. 402, 410 (1971); Heckler v. Chaney, 470 U.S. 821, 826 (1985). Preliminary or interlocutory actions are ordinarily reviewable only on review of the final agency action. See, e.g., Ass’n of Nat’l Advertisers, Inc. v. FTC, 565 F.2d 237 (2d Cir. 1977). In those situations “[W]here a statute commits review of agency action to the Court of Appeals, any suit seeking relief that might affect the Circuit Court’s future jurisdiction is subject to exclusive review in the Court of Appeals.” See Telecomms. Research & Action Ctr. v. FCC (TRAC), 750 F.2d 70, 78–79 (D.C. Cir. 1984).

Bibliography

this is my stuff

more headings

• more stuff
• more more
• more more more