Remedies and Effects of Judicial Review
Learn about limitations on the remedies available from judicial review of agency action as well as the application of the doctrine of collateral estoppel.
I. Sovereign Immunity
One potential obstacle to obtaining judicial relief is the doctrine of sovereign immunity, which provides that the government can’t be sued without its consent. The APA waives sovereign immunity for all cases other than those seeking monetary damages. Monetary damages are narrowly defined as a substitute for a suffered loss. Therefore, a party may still obtain specific...