When does nonstatutory review occur?

Nonstatutory review occurs when Congress has not provided a specific statutory procedure for judicial review of administrative agency actions. In the context of administrative law, nonstatutory review allows courts to assess agency actions even in the absence of a clear legislative framework establishing procedures for such review. This type of judicial oversight emerges from the need for courts to ensure that agencies are acting within their authority and are complying with legal standards, even if Congress has not anticipated or detailed the review process in legislation.

Agencies often operate in nuanced contexts where their decisions or rule-making might need to be contested. If there are gaps in the law, nonstatutory review serves as a mechanism for checking the power of agencies to ensure they adhere to principles of fairness, reasonableness, and legality. By recognizing nonstatutory review, courts can intervene when necessary, providing a level of judicial oversight that is critical for maintaining the rule of law and protecting public interests.