Administrative Agencies and Claims of Unreasonable Delay: Analysis of Court Treatment

This report discusses judicial remedies available for delayed agency actions that are somewhat limited. Generally, a court is restricted to ordering an agency to act by a specific deadline. The following sections outline the timing requirements imposed by the Administrative Procedure Act (APA), discuss the available judicial remedies when actions are found to be unreasonably delayed, and provide an examination of cases where courts have been asked to compel agency action. Finally, the report concludes with a discussion of legislative tools that Congress can use to try to set agency priorities.