Brian Foley Law PLLC practices in United States Federal Administrative law focusing on actions under Title 5 or the Administrative Procedure Act. The Administrative Procedure Act was passed to allow plaintiffs to seek a redress of government action that is taken by the administrative state and bureaucracy. Federal Courts can hear challenges to administrative actions and vacate federal orders and notices.
5 U.S.C. Section 706 allows a reviewing court to vacate federal agency actions, findings, and conclusions that are found to be:
(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege, or immunity;
(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
(D) without observance of procedure required by law;
(E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or
(F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.