Читать книгу Food Regulation - Neal D. Fortin - Страница 30

Administrative agency activity must also be consistent with the Constitution and relevant statutes. Judicial review of administrative agency activity oversees this consistency. Standards for judicial review of agency actions are outlined in the APA, which defines the basis and scope of judicial intervention and review. Generally, the courts will not consider whether an agency acted wisely, but only whether the agency acted as follows:

 Stayed within its constitutional and statutory authority.

 Properly interpreted the applicable law.

 Conducted a fair proceeding.

 Avoided arbitrary or capricious action.

 Reached a decision supported by substantial evidence in the record.

However, the Supreme Court has also ruled that the courts are to review agency decisions with a searching and careful inquiry to determine “whether the decision was based on consideration of the relevant factors and whether there has been a clear error of judgment.”³⁷ This “Hard Look” doctrine leaves reviewing courts with considerable latitude for overseeing the actions of administrative agencies.