§702 — Title 5 Government Organization and Employees | U.S. Code

Summary

People who are harmed or wrongly affected by a federal agency’s action can go to federal court to challenge that action. If the person asks for something other than money, the case cannot be thrown out just because it is against the United States. The United States can be sued and a judgment can be entered. Any court order that forces action must name the federal officer or officers (by name or job title) and their successors who must follow the order. Courts still have other legal limits. A judge can dismiss a case or refuse relief on other proper grounds. And a court cannot give relief that another law clearly forbids.

Title 5, §702

Government Organization and Employees — Source: USLM XML via OLRC

A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof. An action in a court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party. The United States may be named as a defendant in any such action, and a judgment or decree may be entered against the United States: Provided, That any mandatory or injunctive decree shall specify the Federal officer or officers (by name or by title), and their successors in office, personally responsible for compliance. Nothing herein (1) affects other limitations on judicial review or the power or duty of the court to dismiss any action or deny relief on any other appropriate legal or equitable ground; or (2) confers authority to grant relief if any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1009(a).June 11, 1946, ch. 324, § 10(a), 60 Stat. 243. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

1976—Pub. L. 94–574 removed the defense of sovereign immunity as a bar to judicial review of Federal administrative action otherwise subject to judicial review.

§702 Right of review