Difference between revisions of "Judicial Review of Agency Action"

From acus wiki
Jump to: navigation, search
(Created page with "'''Citations:''' 5 U.S.C. §§ 701-706 (2012), originally enacted as Administrative Procedure Act § 10; significantly amended by Pub.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....")
 
Line 4: Line 4:
  
 
'''Overview:'''
 
'''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. (The APA’s text may be found in the Appendix to Chapter 1.) 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, 2nd Ed. 1-257 (A.B.A., 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).

Revision as of 14:49, 19 July 2018

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5 U.S.C. §§ 701-706 (2012), originally enacted as Administrative Procedure Act § 10; significantly amended by Pub.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. (The APA’s text may be found in the Appendix to Chapter 1.) 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, 2nd Ed. 1-257 (A.B.A., 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).