AdministrativeLaw JusticiabilityDoctri
Whether the U.S. District Court erred in dismissing, sua sponte, the complaint seeking judicial review of agency action under the Administrative Procedure Act
QUESTION PRESENTED © Against the backdrop of this Court’s most . ; recent guidance set forth in Weyerhaeuser Co., -where the Court held, to wit: “The Administrative Procedure Act creates a basic presumption of ***. judicial review *** [for] one suffering legal wrong because of agency action", citing Abbott Laboratories and quoting 5 U.S.C. § 702, in both matters the Court relied on the language set forth in Section 10 -of the Administrative Procedure Act: “Any person suffering legal wrong because of any agency action, or adversely affected or aggrieved by such action within ; the meaning of any relevant statute, shall be entitled to judicial review thereof” -pursuant to 28 U.S.C. § 1331; § 1391(b); § 1651(a); § 1861; and § 2201 -did : the U.S. District Court err when it, notwithstanding : the clarity of the foregoing, dismissed, sua sponte, . (before the defendant agency answered the complaint presented), proffering that U.S. District Court[s] lack jurisdiction to judicially review decisions *** of agencies not statutorily exempt from judicial review *** under the explicit mandates set forth in 5 U.S.C., § 701; § 702; § 703; § 704; § 705; . and § 706? ,