Animal Legal Defense Fund v. Veneman

In holding that we can review withdrawal of proposed regulations an agency had no duty to adopt, my colleagues overlook the sea-change in administrative law wrought by Heckler v. Chaney, 470 U.S. 821, 831-32, 105 S.Ct. 1649, 84 L.Ed.2d 714 (1985), which held that we have no authority to review an agency’s discretionary decision not to act. See The Supreme Court — Leading Cases: Judicial Review of Agency Inaction, 99 Harv. L.Rev. 264, 269 (1985) (hereafter “Judicial Review of Agency Inaction ”) (“Chaney represents a significant departure from the trend of recent administrative law.”). Failure…