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 of Decisions
Bowen v. Massachusetts (1988)
scotus · cites it 14×
“§ 1331 and alleged that the United States had waived its sovereign immunity through 5 U. S. C. § 702 . The complaint requested declaratory and injunctive relief and specifically asked the District Court to "set aside" the Board's order.”
Lujan v. National Wildlife Federation (1990)
scotus · cites it 8×
“In a subsequent order, the court denied petitioners' motion under Rule 12(b) of the Federal Rules of Civil Procedure to dismiss the complaint for failure to demonstrate standing to challenge petitioners' actions under the APA, 5 U.”
Navajo Nation v. Department of the Interior (2017)
ca9 · cites it 6×
“5 U.S.C. § 702 . Section 702, notably, does double duty, nestling a broad waiver of sovereign immunity (its second sentence) within an “omnibus judicial-review provision, which permits suit for violations of numerous statutes .”
Intl. Refugee Assistance v. Donald J. Trump (2018)
ca4 · cites it 10×
“” 5 U.S.C. § 702 . But the APA is unavailable if the “statute[] precludes judicial review,” or “agency action is committed to agency discretion by law.”
Simon v. Eastern Kentucky Welfare Rights Organization (1976)
scotus · cites it 6×
“[16] Respondents brought this action under § 10 of the APA, 5 U. S. C. § 702 , which gives a right to judicial review to any person "adversely affected or aggrieved by agency action within the meaning of a relevant statute.”
Perry Capital LLC v. Mnuchin (2017)
cadc · cites it 4×
“See 5 U.S.C. § 702 (allowing “action in a court * * * seeking relief other than money damages”); Cohen v.”
Patchak v. Zinke (2018)
scotus · cites it 5×
“Invoking the Admin- istrative Procedure Act, 5 U. S. C. §§702 , 706(2), Patchak alleged that the Secretary lacked statutory authority to take the Bradley Property into trust for the Band.”
Monsanto Co. v. Geertson Seed Farms (2010)
scotus · cites it 4×
“See 5 U. S. C. §702 . In this case, APHIS apparently sought to “streamline” the proceedings by asking the District Court to craft a remedy that, in effect, would have partially deregulated RRA until such time as the agency had finalized the EIS needed for a complete deregulation.”
Corner Post, Inc. v. Board of Governors (2024)
scotus · cites it 6×
“(a) The APA grants Corner Post a cause of action subject to certain conditions, see 5 U. S. C. § 702 and § 704, and 28 U. S. C.”
Cohen v. United States (2009)
cadc · cites it 12×
“The district court dismissed the cases after concluding Appellants failed to exhaust their administrative remedies for their refund claims and failed to state valid claims under federal law, including the APA, 5 U.S.C. § 702 . The district court also ruled their claims for…”
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