Standing (administrative state)
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Standing is a legal doctrine applied by Article III courts to determine whether a prospective plaintiff in a case has suffered a legal injury as the result of an action by the defendant. Plaintiffs must first demonstrate standing in order to obtain judicial review of their complaint.[1][2]
In the context of administrative law, plaintiffs seek standing in order to obtain judicial review of what they consider to be a harmful agency action. While some plaintiffs seek to appeal what they consider to be an adverse agency decision issued through the adjudication process, others seek to challenge what they consider to be a harmful agency policy choice determined through adjudication or rulemaking.[1][2]
Debates about what is required to satisfy procedural due process in administrative standing, as well as whether available procedural due process protections concerning administrative standing are sufficient, are key areas of disputation among scholars and practitioners of administrative law. Click here to learn more.
Background: Obtaining standing
- See also: Judicial review
An affected party (an individual, group, or entity) must first demonstrate standing in order to challenge an agency action in an Article III court. Once an affected party obtains a grant of standing from a court, the court can review their complaint and make a determination on what the affected party considers to be a harmful agency action.[1]
Foundations of administrative standing
Standing doctrine
The United States Supreme Court has shaped the standing doctrine over time. The court first recognized the standing doctrine in the 1923 case Frothingham v. Mellon. The court later developed the zone of interest test in the 1970 case Association of Data Processing Service Organizations v. Camp. According to the zone of interest test, a plaintiff seeking standing must allege an “injury in fact” and demonstrate that their interest is "arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question.” The court formulated the contemporary criteria to satisfy standing in the 1992 case Lujan v. Defenders of Wildlife. According to the Lujan criteria, a plaintiff must demonstrate an actual or threatened injury, must show that the injury can be traced to the challenged agency action, and must be able to obtain redress through a favorable decision by the court.[3][4][5]
Administrative Procedure Act
The Administrative Procedure Act (APA) provides for standing when an individual is adversely affected by an agency decision. These individuals can appeal what they consider to be a harmful agency decision for judicial review by an Article III court as long as the challenged action is a final agency action with no other adequate remedy. The APA excludes judicial review, however, when other statutes preclude judicial review or when the agency action "is committed to agency discretion by law."[6][7]
Arguments about administrative standing
Arguments in favor of a broad interpretation of the standing doctrine
There are four main arguments in favor of a broad interpretation of the standing doctrine:
Arguments in favor of a limited interpretation of the standing doctrine
There are four main arguments in favor of a limited interpretation of the standing doctrine:
See also
- Taxonomy of arguments about administrative due process and procedural rights in the context of standing
- Procedural due process rights (administrative state)
External links
Footnotes
- ↑ 1.0 1.1 1.2 Legal Dictionary, "Standing," accessed June 29, 2020
- ↑ 2.0 2.1 Quimbee, "Standing," accessed June 29, 2020
- ↑ The Yale Law Journal, "Standing to Sue in Public Actions: Is it a Constitutional Requirement?" 1969
- ↑ JUSTIA, "Substantial Interest: Standing," accessed September 28, 2020
- ↑ Law Library—American Law and Legal Information, "Administrative Law and Procedure—Judicial Review Of Agency Actions," accessed October 22, 2020
- ↑ Congressional Research Service, "A Brief Overview of Rulemaking and Judicial Review," accessed July 23, 2020
- ↑ U.S. Legal, "Judicial Review of Administrative Decisions," accessed July 22, 2020
