ORGANIC LAWS GOVERNING U.S. COAST GUARD 15 



Judicial review of agency 



5 U.S.C. 1009 



Except so far as (1) statutes preclude judicial review or (2) 

 agency action is by law committed to agency discretion — 



( a )*^ Right of review. — Any person suffering legal wrong because 

 of any agency action, or adversely affected or aggrieved by such 

 action" within the meaning of any relevant statute, shall be entitled 

 to judicial review thereof. 



(b) Form and venue of proceedings.^The form of proceeding for 

 judicial review shall be any special statutory review proceeding 

 relevant to the subject matter in any court specified by statute, or, in 

 the absence or inadequacy thereof, any applicable form of legal 

 action (including actions for declaratory judgments or writs of pro- 

 hibitory or mandatory injunction or habeas corpus) in any court of 

 competent jurisdiction. Agency action shall be subject to judicial 

 review in civil or criminal proceedings for judicial enforcement 

 except to the extent that prior, adequate, and exclusive opportunity 

 for such review is provided by law. 



(c) Reviewable ax^ts. — Every agency action m.ade reviewable by 

 statute and every final agency action for which there is no other 

 adequate remedy in any court shall be subject to judicial review. 

 Any preliminary, procedural, or intennediate agency action or ruling 

 not directly reviewable shall be subject to review upon the review of 

 the final agency action. Except as otlierwise expressly requiied by 

 statute, agency action otherwise final shall be final for the purposes 

 of this subsection whether or not there has been presented or deter- 

 mined any application for a declaratory order, for any form of re- 

 consideration, or (unless the agency otherwise requires by rule and 

 provides that the action meanwhile shall be inoperative) for an 

 appeal to superior agency authority. 



(d) Relief pending review. — Pending judicial review any agency 

 is autliorized, where it finds that justice so requires, to postpone the 

 effective date of any action taken by it. Upon such conditions as 

 may be required and to the extent necessary to prevent irreparable 

 injury, every reviewing court (including every court to which a case 

 may be taken on appeal from or upon application for certiorari or 

 other writ to a reviewing court) is authorized to issue all necessary 

 and appropriate process to postpone the effective date of any agency 

 action or to preserve status or rights pending conclusion of the review 

 proceedings. 



(e) Scope of review. — So far as necessary to decision and where 

 presented the reviewing court shall decide all relevant questions of 

 law, interpret constitutional and statutory provisions, and determine 

 the meaning or applicability of the terms of any agency action. It 

 shall (A) compel agency ax^tion unlawfully withheld or unreasonably 

 delayed; and (B) hold unlawful and set aside agency action, findings, 

 and conclusions found to be (1) arbitrary, capricious, an abuse of 

 discretion, or otherwise not in accordance with law; (2) contrary to 

 constitutional right, power, privilege, or immimity; (3) in excess of 

 statutory jurisdiction, authority, or limitations, or short of statutory 

 right; (4) without observance of procedure required by law; (5) un- 



