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 a of a "case" or "controversy." This report offers a brief overview of some of the most important issues arising when individuals bring suit in federal court to challenge agency actions. The Administrative Procedure Act (APA) is 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, including constitutional, prudential, and statutory considerations. 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 are:
(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege, or immunity;
(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
(D) without observance of procedure required by law;
(E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title [concerning formal rulemaking and adjudicatory proceedings] or otherwise reviewed on the record of an agency hearing provided by statute; or
(F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. Courts may also review an agency's compliance with statutory procedural requirements, such as notice-and-comment rulemaking procedures imposed by other provisions of the APA. In addition, a court may examine an agency's discretionary decisions, such as a denial of a rulemaking petition, and invalidate actions that are arbitrary or capricious. "Final" Agency Action

Review under the APA is also limited to final agency action. Committed to Agency Discretion

Finally, review under the APA is unavailable if the agency's action is legally committed to the agency's discretion.
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-and-comment 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.