Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

 The APA embodies a “basic presumption of judicial review,” Abbott Laboratories v. Gardner, 387 U. S. 136, 140, 87 S. Ct. 1507, 18 L. Ed. 2d 681 (1967), and instructs reviewing courts to set aside agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law,” 5 U. S. C. §706(2)(A). Review is not available, however, “to the extent that” a relevant statute precludes it, §701(a)(1), or the agency action is “committed to agency discretion by law,” §701(a)(2). In order to give effect to the command that courts set aside agency action that is an abuse of discretion, and to honor the presumption of judicial review, courts have read the §701(a)(2) exception for action committed to agency discretion “quite narrowly, restricting it to ‘those rare circumstances where the relevant statute is drawn so that a court would have no meaningful standard against which to judge the agency’s exercise of discretion.’” Weyerhaeuser Co. v. United States Fish & Wildlife Serv., 586 U. S. ___, ___, 139 S. Ct. 361, 202 L. Ed. 2d 269 (2018) (slip op., at 12) (quoting Lincoln v. Vigil, 508 U. S. 182, 191, 113 S. ...

Register or login to access full content