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Timing of Judicial Review

Timing of Judicial Review. Administrative Law 10/9/13 Prof. Fuse Brown. APA § 704 (Actions Reviewable). Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review.

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Timing of Judicial Review

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  1. Timing of Judicial Review Administrative Law 10/9/13 Prof. Fuse Brown

  2. APA § 704 (Actions Reviewable) • Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review. • A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of the final agency action. . . .

  3. FDA Rule in Abbott Labs

  4. Hypo – Humira and Lipitor Standing • Art. III standing • Injury – concrete and particularized? Actual or imminent? • Causation – fairly traceable? Caused by independent third party? • Redressability – favorable ruling likely to redress? Not merely speculative? • Prudential standing • Within the zone of interests?

  5. Hypo – Humira and Lipitor Ripeness • Fitness for judicial review • Final agency action? • Consummation of agency decision-making? Not tentative, informal or ruling of subordinate official? • Rights and obligations determined? Will legal consequences flow? • Purely legal question or factual? • Harm/hardship • Direct impact? Pre-enforcement / advanced action required? • Severity of penalties

  6. APA § 704 (Actions Reviewable) • Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review. • A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of the final agency action. • Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section • whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, • unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority.

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