Judicial Review of Agency Action

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5 U.S.C. §§ 701-706 (2012), originally enacted as Administrative Procedure Act § 10; significantly amended by Pub.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).


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).


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