An Introduction to Judicial Review of Federal Agency Action (CRS Report for Congress)
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| Release Date |
Revised Dec. 13, 2016 |
| Report Number |
R44699 |
| Report Type |
Report |
| Authors |
Jared P. Cole, Legislative Attorney |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The U.S. Constitution vests the judicial power in the Supreme Court and any inferior courts
established by Congress, limiting the power of federal courts to the context of “cases” or
“controversies.” Pursuant to constitutional and statutory requirements, courts may hear challenges
to the actions of federal agencies in certain situations. This report offers a brief overview of
important considerations when individuals bring a lawsuit in federal court to challenge agency
actions, with a particular focus on the type of review authorized by the Administrative Procedure
Act (APA), perhaps the most prominent modern vehicle for challenging the actions of a federal
agency.
Whether judicial review of agency action is available in federal court turns on a number of
factors. Courts must possess statutory jurisdiction to adjudicate a lawsuit, and plaintiffs must
generally rely on a cause of action that allows a court to grant legal relief. Disputes must also
present “cases” or “controversies” that satisfy the requirements of Article III of the Constitution.
Finally, a suit must be presented to a court at the proper time for judicial review.
The APA directs reviewing courts to “compel agency action unlawfully withheld or unreasonably
delayed” and to “hold unlawful and set aside agency action, findings, and conclusions” that
violate the law or are otherwise “arbitrary and capricious.” This review is limited, however, to
“final agency action” that is not precluded from review by another statute or legally committed to
the agency’s discretion.
Pursuant to this mandate, courts are authorized to review agency action in a number of contexts.
First, courts will examine the statutory authority for an agency’s action and will invalidate agency
choices that exceed these limits. In addition, a court may examine an agency’s discretionary
decisions, or discrete actions with legal consequences for the public. Finally, courts may also
review an agency’s compliance with statutory procedural requirements, such as the notice-andcomment
rulemaking procedures imposed by the APA. This report provides a broad overview of
the issues that may be relevant to any number of present and future challenges to agency action in
federal court.
