Heckler v. Chaney (1985) – Nonreviewable Agency Action

Description  

The U.S. Supreme Court determined that when a federal agency decides not to enforce a law or regulation, the Administrative Procedure Act (APA) usually protects that decision from being reviewed by a court. Traditionally, these choices are left up to the agency’s discretion, and Congress did not intend for the APA to change this. Unless Congress specifically says otherwise, agency decisions not to enforce rules cannot be challenged in court. However, an agency’s choice not to act does not prevent individuals, organizations, or others with legal standing from suing for civil liability or other claims. 

Action to Take

• Stay Informed – Monitor federal agency enforcement priorities, guidance, and announcements.
• Maintain Compliance – Continue adhering to all applicable laws and regulations, even if enforcement appears unlikely.
• Document Practices – Keep records of compliance measures to demonstrate diligence in case enforcement action occurs.
• Consult Counsel – Seek legal guidance on areas of potential risk or ambiguous regulations.
• Be Aware – Noncompliance can still expose an institution to private lawsuits if the law provides a private right of action

Ruling Date

• March 20, 1985

Resources

• Heckler v. Chaney, 420 U.S. 821 (1985)