Also known as: nonstatutory review · judicial review · common-law review
Written by attorneys · grounded in primary & secondary sources — see below
A method of challenging federal agency action by bringing suit under the general federal question jurisdictional grant seeking injunctive and declaratory relief when no specific statutory review provision applies. It supplies a remedy where the litigant cannot otherwise secure relief from agency action and functions as a backstop akin to mandamus.
Noelle North, a federal contractor, sued the Secretary of Commerce after an executive order imposed new reporting requirements that she claimed exceeded statutory authority. With no organic statute authorizing review of the order, she filed in district court under general federal question jurisdiction seeking an injunction. The court entertained the suit as non-statutory review and reached the merits of her constitutional claim.
Neil Nair, a shipping company owner, challenged a new Coast Guard fee regulation in district court after Congress repealed the specific appellate review statute for such fees. He invoked general federal question jurisdiction to seek declaratory relief. The court permitted the non-statutory review action because alternative federal avenues for constitutional claims remained open.
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Nadia Novak, a state environmental official, sued the EPA after it refused to regulate vehicle emissions under an existing statute. Lacking a dedicated review provision, she proceeded under general federal question jurisdiction for injunctive relief. The court treated the action as non-statutory review and addressed whether she had standing to compel agency action.
Nathan Nguyen, a physician, brought suit against a federal health agency regulation banning certain medical practices. No statute provided for review, so he filed under general federal question jurisdiction seeking declaratory and injunctive relief. The court allowed the non-statutory review action to proceed to the merits of his constitutional challenge.
Nathaniel Newman, a taxpayer, sued federal officials over expenditures he claimed violated the Establishment Clause. Without a statutory review mechanism, he invoked general federal question jurisdiction for injunctive relief. The court permitted the non-statutory review action after determining he satisfied the narrow standing requirements for such claims.
Nia Nkosi, a disability benefits recipient, challenged an agency termination decision that provided only written review. With no dedicated statutory review channel, she filed in district court under general federal question jurisdiction seeking an injunction requiring a hearing. The court treated the suit as non-statutory review and evaluated the procedural adequacy of the agency process.
Non-statutory review is available when no organic statute provides an explicit avenue for judicial review of the agency action. A litigant may then proceed under the general federal question jurisdictional grant by seeking injunctive or declaratory relief. It serves as a backstop to ensure agency accountability when statutory channels are absent.
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Non-statutory review actions seek injunctive and declaratory relief against agency action. The remedy corrects unlawful agency conduct where no statutory review mechanism exists. It functions similarly to mandamus by furnishing judicial oversight as a last resort.
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Non-statutory review actions generally require the plaintiff to have exhausted available administrative remedies before filing suit. The doctrine preserves the agency's opportunity to correct its own errors. Courts apply the same exhaustion principles that govern other forms of judicial review of agency action.
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…tribunal within the office of unemployment upon petition of the employer, and this determination is by § 6i made subject to judicial review on questions of law by the state Superior Court, with further right of appeal in the state Supreme Court as in other civil cases. In this case notice of assessment for the years in…