§ 702. — Right of review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC702]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALLY
CHAPTER 7--JUDICIAL REVIEW
Sec. 702. Right of review
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.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392; Pub. L. 94-574, Sec. 1,
Oct. 21, 1976, 90 Stat. 2721.)
Historical and Revision Notes
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
5 U.S.C. 1009(a). June 11, 1946, ch.
324, Sec. 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.
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.
Section Referred to in Other Sections
This section is referred to in title 2 sections 501, 502; title 7
sections 2143, 8401; title 16 section 839f; title 18 sections 843, 3625;
title 19 section 1677c; title 21 sections 334, 1906; title 25 section
954; title 28 section 2631; title 41 section 422; title 42 sections
262a, 5405; title 43 section 1337; title 50 App. sections 16, 2412.
