Also known as: laws to apply · applicable law · governing law
Written by attorneys · grounded in primary & secondary sources — see below
A body of statutory, regulatory, or common-law standards that supplies a court with a meaningful basis for reviewing an agency's exercise of discretion. The presence of such standards precludes a finding that agency action has been committed to agency discretion by law under the Administrative Procedure Act.
Lumen Capital challenged an EPA permitting decision. The agency had exercised discretion in withholding documents. The court searched for law to apply in the governing statute to decide whether the action was committed to agency discretion by law.
Landon Long petitioned after the Department of Veterans Affairs denied benefits. The agency had exercised discretion in interpreting eligibility rules. The court examined whether law to apply existed in the statute to review the denial under the APA.
Select any source to read its text and confirm it supports the definition.
Lunar Dynamics challenged an FTC cease-and-desist order. The agency had exercised discretion in choosing the enforcement district. The court looked for law to apply in the venue statute to determine whether the choice was reviewable.
Lena Lawson contested a Social Security Administration benefits allocation. The agency had exercised discretion in applying class-member rules. The court checked for law to apply in the governing statute before reviewing the allocation.
Landmark Realty challenged a HUD foreclosure directive. The agency had exercised discretion in setting sale procedures. The court searched for law to apply in the statute to decide if the directive was committed to agency discretion.
Luke Latham challenged a DOL investigation subpoena. The agency had exercised discretion in demanding privileged files. The court looked for law to apply in the governing provisions to determine reviewability under the APA.
A court examines whether the governing statute supplies standards that a court can apply to evaluate the agency's decision. When such standards exist, the action is not committed to agency discretion.
The agency action is unreviewable under the committed-to-agency-discretion exception of the APA. Courts lack a meaningful standard against which to judge the agency's exercise of discretion.
No. Even broadly worded statutes may contain specific directives or factors that courts can use as law to apply. The inquiry focuses on whether the statute supplies judicially manageable standards.
…duty and liability is to be determined in federal courts as a matter of general law. The trial judge refused to rule that the applicable law precluded recovery. The jury brought in a verdict of $30,000; and the judgment entered thereon was affirmed by the Circuit Court of Appeals, which held, 90 F.2d 603, 604, that it was…