PRIA, Government Policy, Made Personal

Summary

You can go to court if a federal agency’s action hurts you or if a law says you can challenge it. If you ask a court for something other than money (like an order to make the agency act or stop acting), the case can’t be tossed just because it involves the United States. The United States can be named, and a court can order it to act. Any court order that tells someone to do or stop something must name the federal official(s) (by name or job title) who must follow it, and their successors. This does not change other legal limits on review. A court still can dismiss a case or refuse relief for other proper legal reasons. Nor does it allow relief when another law that permits suits bars the relief being sought.

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