Title 5 — Government Organization and Employees
Part I · Chapter 7 — Judicial Review
§ 702. Right of review
Statutory text
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 702
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 392
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 392Pub. L. 94–574 § 1 · 90 Stat. 2721
Changed · 5 U.S.C. § 702
Pub. L. 94–574 removed the defense of sovereign immunity as a bar to judicial review of Federal administrative action otherwise subject to judicial review
Source evidence
Code amendment note
Pub. L. 94–574 removed the defense of sovereign immunity as a bar to judicial review of Federal administrative action otherwise subject to judicial review.
0 of 2 references resolved to an enrolled provision · 2 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| 5 U.S.C. 1009(a). | June 11, 1946, ch. 324, § 10(a), 60 Stat. 243. | |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1976—Pub. L. 94–574 removed the defense of sovereign immunity as a bar to judicial review of Federal administrative action otherwise subject to judicial review.
Credits
1966–1976 · 2 acts
- 1966Pub. L. 89–554, , 80 Stat. 392
- 1976Pub. L. 94–574, § 1, , 90 Stat. 2721.
Show as published
(Pub. L. 89–554, , 80 Stat. 392; Pub. L. 94–574, § 1, , 90 Stat. 2721.)