United States Code · Section
§ 706 — Scope Of Review
5 U.S.C. § 706
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To the extent necessary to decision and when 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 an agency action. The reviewing court shall—
(1) compel agency action unlawfully withheld or unreasonably delayed; and
(2) hold unlawful and set aside agency action, findings, and conclusions found to be—
(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege, or immunity;
(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
(D) without observance of procedure required by law;
(E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or
(F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.
Implementing Regulations
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§ 16.15 Judicial review.22 C.F.R. § 16.15
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§ 910.5 Judicial review.22 C.F.R. § 910.5
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§ 682.413 Remedial actions.34 C.F.R. § 682.413
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§ 4.413 Scope of review, burden to show error, and standards of review.43 C.F.R. § 4.413
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§ 67.12 Appeal to District Court.44 C.F.R. § 67.12
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§ 262.7 How can a State appeal our decision to take a penalty?45 C.F.R. § 262.7
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§ 286.240 How can a Tribe appeal our decision to take a penalty?45 C.F.R. § 286.240
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§ 156.959 Judicial review.45 C.F.R. § 156.959
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§ 150.459 Judicial review.45 C.F.R. § 150.459
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§ 403.04 Determinations and hearings under section 109(c) of the MMPA.50 C.F.R. § 403.04
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§ 513.11 Appeals of award determinations.49 C.F.R. § 513.11
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§ 190.243 Petitions for reconsideration.49 C.F.R. § 190.243