Standing under Federal Administrative Procedure Act

Pursuant to 5 USCS § 702, a person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.  The Administrative Procedure Act confers a general cause of action upon persons adversely affected or aggrieved by an agency action within the meaning of a relevant statute, but restricts that cause of action if the relevant statute precludes judicial review.  While the standing requirements imposed by U.S. Const. art. III require a plaintiff to suffer a sufficient injury in fact, § 10 of the Administrative Procedure Act, requires that the plaintiff also demonstrate that s/he has prudential standing. For a plaintiff to have prudential standing under the APA, the interest sought to be protected by the complainant must be arguably within the zone of interests to be protected or regulated by the statute in question.[i]

[i] Dismas Charities, Inc. v. United States DOJ, 401 F.3d 666 (6th Cir. Ky 2005)


Inside Standing under Federal Administrative Procedure Act