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Technology

Checking Executive Agency Discretion Through Administrative Law

Quick fact

Under the U.S. Administrative Procedure Act, any 'person aggrieved' by an agency action can challenge it in court, and courts will overturn the action if it is found 'arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.' This procedural hook gives ordinary citizens and businesses a powerful check on agency power.

Why this is interesting

A government agency decides to ban a chemical you use every day. What can you do if you disagree? You might be surprised to learn that your best tool isn't a vote—it's the law of how that agency makes its decisions.