Isolate candidate APA set-aside grounds in an agency decision
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Extract passages from the decision and the record that a lawyer might match to a section 706 set-aside ground. Do not write the petition.
- What the lawyer must review
- 5 USC 702 entitles a person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, to judicial review. An action seeking relief other than money damages is not dismissed on the ground that it is against the United States. Nothing in that section affects other limitations on review, and it does not confer authority to grant relief if another statute that grants consent to suit forbids the relief sought. 5 USC 706 requires the reviewing court, to the extent necessary and when presented, to decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The court shall compel agency action unlawfully withheld or unreasonably delayed, and hold unlawful and set aside agency action, findings, and conclusions found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity; in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; without observance of procedure required by law; unsupported by substantial evidence in a case subject to sections 556 and 557 or otherwise reviewed on the record of an agency hearing provided by statute; or unwarranted by the facts to the extent the facts are subject to trial de novo. The court reviews the whole record or the parts a party cites, and takes due account of the rule of prejudicial error. Do not say review lies only on a question of law. The lawyer writes any petition.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes extracting and organising information. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- Review the original source set for relevant material absent from the output, including contrary evidence, qualifications and remaining gaps.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.