Final Agency Action
What does "Final Agency Action" mean in law?
A prerequisite for judicial review under APA Section 704, which provides that only 'final agency action for which there is no other adequate remedy in a court' is reviewable. Under Bennett v. Spear (1997), agency action is final when it satisfies two conditions: (1) the action must mark the consummation of the agency's decision-making process, not merely a tentative or interlocutory step; and (2) the action must be one by which rights or obligations have been determined, or from which legal consequences flow. Preliminary, procedural, or intermediate agency actions are generally not final and thus not reviewable. The finality requirement prevents courts from interfering with ongoing agency deliberations and ensures a concrete controversy exists.
Definition
A prerequisite for judicial review under APA Section 704, which provides that only 'final agency action for which there is no other adequate remedy in a court' is reviewable. Under Bennett v. Spear (1997), agency action is final when it satisfies two conditions: (1) the action must mark the consummation of the agency's decision-making process, not merely a tentative or interlocutory step; and (2) the action must be one by which rights or obligations have been determined, or from which legal consequences flow. Preliminary, procedural, or intermediate agency actions are generally not final and thus not reviewable. The finality requirement prevents courts from interfering with ongoing agency deliberations and ensures a concrete controversy exists.
Example
The Army Corps of Engineers' jurisdictional determination that wetlands on a landowner's property fell under federal Clean Water Act jurisdiction was held to be final agency action because it conclusively determined the parties' rights and carried direct legal consequences.