5 U.S.C. § 706
Section 706 · Scope of review
Amended 1 time on record
The circuits are split over this section — Whether the Federal Advisory Committee Act's 'fairly balanced' membership requirement is subject to judicial review.
Applied in 14,812 court decisions — leading case Citizens to Preserve Overton Park, Inc. v. Volpe (1971)
Most recently applied in Prysmian Cables & Sys. USA, LLC v. United States (February 2026)
Applied most in the District Circuit Circuit (2,983 decisions)
Cases citing this section usually also cite 5 U.S.C. § 701 · 5 U.S.C. § 553 · 42 U.S.C. § 4332
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of this report.
Abbreviation of Record
Pub. L. 85–791, Aug. 28, 1958, 72 Stat. 941, which authorized abbreviation of record on review or enforcement of orders of administrative agencies and review on the original papers, provided, in section 35 thereof, that: “This Act [enacting section 2112 of Title 28, Judiciary and Judicial Procedure, and amending sections 1036 and 1037(c) of former Title 5 [now sections 2346 and 2347(c) of Title 28], sections 8, 9, 193(c), 194(b)–(d), (h), 1115(c), 1599(c), 1600, and 1601 of Title 7, Agriculture, section 1848 of Title 12, Banks and Banking, sections 21, 45(b)–(d), 77i(a), 78y(a), 79x(a), 80a–42(a), 80b–13(a), and 717r(a), (b) of Title 15. Commerce and Trade, section 825l(a), (b) of Title 16, Conservation, sections 81r(c) and 1641(b) of Title 19, Customs Duties, section 277(b) of Title 20, Education, sections 346a(i)(2), (3), 371(f)(1), (3) of Title 21, Food and Drugs, section 1631f(b) of Title 22, Foreign Relations and Intercourse, section 204(h), Title 27, Intoxicating Liquors, sections 160(d)–(f) and 210(a) of Title 29, Labor, section 576 of former Title 39, The Postal Service, section 291j(b)(1), (2) of Title 42, Public Health and Welfare, section 315(f) of Title 45, Railroads, section 1181(b) of Title 46, Appendix, Shipping, section 402(d) of Title 47, Telegraphs, Telephones, and Radiotelegraphs, section 646(c) of former Title 49, Transportation, and sections 793(a), 820(e), 821(c), (d) of Title 50, War and National Defense] shall not be construed to repeal or modify any provision of the Administrative Procedure Act.”
Cross References
Federal Communications Commission proceedings, applicability of section to, see section 402 of Title 47, Telegraphs, Telephones, and Radiotelegraphs.