Ultra Vires
What does "Ultra Vires" mean in law?
A Latin term meaning 'beyond the powers,' used in administrative law to describe agency action that exceeds the scope of authority delegated by Congress. An ultra vires act is void ab initio because the agency simply lacked the legal power to take the action, regardless of whether the action might otherwise be reasonable or well-intentioned. Courts distinguish ultra vires challenges, which question whether the agency had any authority to act, from challenges to how the agency exercised concededly valid authority. Ultra vires claims are closely related to, but distinct from, Chevron Step One analysis: if Congress clearly did not grant the agency the claimed authority, the action is ultra vires and no deference applies.
Definition
A Latin term meaning 'beyond the powers,' used in administrative law to describe agency action that exceeds the scope of authority delegated by Congress. An ultra vires act is void ab initio because the agency simply lacked the legal power to take the action, regardless of whether the action might otherwise be reasonable or well-intentioned. Courts distinguish ultra vires challenges, which question whether the agency had any authority to act, from challenges to how the agency exercised concededly valid authority. Ultra vires claims are closely related to, but distinct from, Chevron Step One analysis: if Congress clearly did not grant the agency the claimed authority, the action is ultra vires and no deference applies.
Example
The FCC's attempt to regulate internet service providers as common carriers was challenged as ultra vires on the grounds that Congress never delegated the agency authority to reclassify broadband under Title II of the Communications Act.