Menu Search Account

LegiStorm

Get LegiStorm App Visit Product Demo Website
» Get LegiStorm App
» Get LegiStorm Pro Free Demo

Judicial Review Under the Administrative Procedure Act (APA) (CRS Report for Congress)

Premium   Purchase PDF for $24.95 (6 pages)
add to cart or subscribe for unlimited access
Release Date Revised Sept. 16, 2024
Report Number LSB10558
Report Type Legal Sidebar
Authors Jonathan M. Gaffney
Source Agency Congressional Research Service
Older Revisions
  • Premium   Dec. 8, 2020 (5 pages, $24.95) add
Summary:

Federal agencies administer a wide range of areas by adopting rules, adjudicating disputes and claims, and providing guidance on matters within their purview. Given the potential impact of these agency actions on individual rights, the Supreme Court has recognized a “strong presumption that Congress intends judicial review of agency action”; this presumption is embodied in the Administrative Procedure Act (APA). For agency actions not governed by another statute, the APA defines the federal courts’ scope of review—how courts review agency actions, including the legal standards used to review those actions. This Sidebar provides a brief summary of the APA’s judicial review requirements before exploring the scope of that review. It does not address other issues affecting judicial review of agency actions, such as subject-matter jurisdiction or the case-or-controversy requirement. (Other CRS products discuss these topics in more detail.)