ABSTRACT

Judicial Review of Actions Legally Committed to an Agency's Discretion [September 17, 2020]   [open pdf - 659KB]

From the Document: "Individuals and entities affected by a federal agency's action sometimes may be able to challenge that action in federal court. In some cases, an agency's governing statute specifically authorizes affected parties to bring suit challenging a particular agency action. But even when specific statutory authority is unavailable, a person generally can challenge an agency's action in federal district court under the Administrative Procedure Act (APA). On review, the APA empowers courts to set aside agency action that is, among other things, 'arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.' The Supreme Court has explained that the APA 'embodies the basic presumption of judicial review' of agency action, meaning that judicial review under the APA generally will be available to a party. But not every legal challenge of an agency's action is reviewable. Constitutional and prudential considerations may limit when a court will entertain such a suit. Jurisdictional requirements must also be satisfied."

Report Number:
CRS Legal Sidebar, LSB10536
Author:
Publisher:
Date:
2020-09-17
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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