5 U.S.C. § 702 — Right of review
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 211 words · no verdicts yet
A person harmed or aggrieved by agency action is entitled to judicial review, subject to other legal limits. Certain suits for non-money relief may name the United States, but an injunction must identify the Federal officials responsible for compliance.
A person who suffers a legal wrong because of agency action, or who is adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review of that action. A United States-court action seeking relief other than money damages may not be dismissed, and relief may not be denied, merely because the action is against the United States or the United States is an indispensable party, if the claim says that an agency or its officer or employee acted or failed to act in an official capacity or under legal authority. The United States may be named as defendant, and the court may enter a judgment or decree against it. Any mandatory or injunctive decree must identify by name or title the Federal officer or officers, and their successors in office, who are personally responsible for complying.
This section does not: (1) change other limits on judicial review or the court’s power or duty to dismiss an action or deny relief on another proper legal or equitable ground; or (2) give authority to grant relief when another statute consenting to suit expressly or implicitly forbids the requested relief.
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.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 392; Pub. L. 94–574, § 1, Oct. 21, 1976, 90 Stat. 2721.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 392
- 1976Amended · Pub. L. 94-574 · 90 Stat. 2721
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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