Can the discretion exercised by a federal agency be reviewed on appeal?

Federal agency discretion can be subject to judicial review, particularly when it concerns the application of the law and agency actions. However, the ability for courts to review such discretion depends on a couple of key factors: statutory authority, the standards outlined in the Administrative Procedure Act (APA), and the specific actions taken by the agency.

The review typically hinges on whether the agency's action is considered arbitrary and capricious, an abuse of discretion, or not in accordance with the law. Courts can assess whether the agency has followed appropriate procedures and acted within its delegated authority. Therefore, the statement that suggests discretion exercised by a federal agency can "never" be reviewed overlooks the principles that allow for checks on agency actions, including judicial review under certain conditions.

The notion that review occurs "only if it exceeds boundaries" is also somewhat misleading. While exceeding statutory or regulatory boundaries can trigger review, there are also instances where a court can examine an agency's exercise of discretion without it necessarily being an infraction of its established limits.

Ultimately, the correct perspective is that the reviewability of an agency's discretion is nuanced and aligns with the agency's adherence to statutory guidelines rather than being an absolute scenario in which review is either always permitted or never allowed. The context of the