Agencies can be sued for failing to carry out statutory responsibilities

Evidence

In other instances, the challenge may be to administrative inaction rather than administrative action. If a law imposes responsibilities on an agency, a litigant may charge that the agency has failed to carry out its responsibilities. The agency’s failure may involve total inaction. More frequently, the issue is whether the agency has responded adequately to the legislative mandate. — G. Alan Tarr, Judicial Process and Judicial…, 2788

Categorization

  • XREF: Links to standing doctrine via Allen v. Wright, the next case named in the text.