Regional Management Corp. v. Legal Servs. Corp.

186 F.3d 457 (4th Cir. 1999). ; Clearinghouse Number: 52563

Description

Fourth Circuit Holds That Legal Services Corporation Decisions on Lobbying Violations Are Not Subject to Judicial Review

Abstract

The Fourth Circuit held that the decision of Legal Services Corporation (LSC) that LSC funding recipients did not lobby illegally was not subject to judicial review. Plaintiff-appellees are lenders to people who have poor credit histories or are otherwise high credit risks. In its complaint with LSC, plaintiff alleged that, through their lobbying activities against plaintiff, certain recipients of LSC funds violated 42 U.S.C. § 2996f(a)(5), the LSC Act’s ban on lobbying federal, state, or local officials. LSC concluded that recipients’ lobbying did not violate the LSC Act, and plaintiff sought judicial review. Concluding that it had jurisdiction to hear the challenge to LSC’s decision, the district court ruled on the merits of the alleged violations. On appeal, LSC argued that the district court should not have reached the merits of the dispute because judicial review of LSC’s decision had no legal basis. The Fourth Circuit held that judicial review of LSC’s decision was not available under the Administrative Procedure Act because the Administrative Procedure Act’s judicial review provisions applied only to actions by a federal agency, and the LSC Act did not provide that LSC be considered an "agency" for resolution of complaints alleging lobbying violations under 42 U.S.C. § 2996f(a)(5). Further, the LSC Act did not provide for plaintiff’s explicit private right of action to challenge LSC’s decision, nor did Congress intend to create an implied private right of action.

Additional Information

Docket Date
1970-01-01 06:00:00+00:00

Files

Filed under: