Agency Discretion
What does "Agency Discretion" mean in law?
The latitude granted to administrative agencies in deciding how to implement and enforce the statutes they administer, including choices about rulemaking priorities, enforcement targets, and policy approaches. Under APA Section 701(a)(2), agency action 'committed to agency discretion by law' is generally unreviewable, though the Supreme Court in Citizens to Preserve Overton Park v. Volpe (1971) held this exception is very narrow and applies only where statutes are 'drawn in such broad terms that there is no law to apply.' Agency decisions not to enforce are presumptively unreviewable under Heckler v. Chaney (1985), reflecting the reality that enforcement involves complex balancing of priorities and resources. However, discretion is not unlimited; agencies must act within statutory boundaries and provide reasoned explanations for their choices.
Definition
The latitude granted to administrative agencies in deciding how to implement and enforce the statutes they administer, including choices about rulemaking priorities, enforcement targets, and policy approaches. Under APA Section 701(a)(2), agency action 'committed to agency discretion by law' is generally unreviewable, though the Supreme Court in Citizens to Preserve Overton Park v. Volpe (1971) held this exception is very narrow and applies only where statutes are 'drawn in such broad terms that there is no law to apply.' Agency decisions not to enforce are presumptively unreviewable under Heckler v. Chaney (1985), reflecting the reality that enforcement involves complex balancing of priorities and resources. However, discretion is not unlimited; agencies must act within statutory boundaries and provide reasoned explanations for their choices.
Example
The FDA's decision not to initiate enforcement proceedings against a pharmaceutical company for off-label marketing was held unreviewable under Heckler v. Chaney because the choice not to enforce was committed to the agency's discretion.