Barlow v. Collins
Opinion of the Court
delivered the opinion of the Court.
The question to be decided in this case is whether tenant farmers eligible for payments under the upland cotton program enacted as part of the Food and Agriculture Act of 1965, 79 Stat. 1194, 7 U. S. C. § 1444 (d) (1964 ed., Supp. IV), have standing to challenge the validity of a certain amended regulation promulgated by the respondent Secretary of Agriculture in 1966.
The upland cotton program incorporates a 1938 statute, § 8 (g) of the Soil Conservation and Domestic Allotment Act, as amended, 52 Stat. 35 and 205, 16 U. S. C. § 590h (g), thereby permitting participants in the program to assign payments only “as security for cash or advances to finance making a crop.”
Petitioners, cash-rent tenant farmers suing on behalf of themselves and other farmers similarly situated, filed this action in the District Court for the Middle District of Alabama. They sought a declaratory judgment that the amended regulation is invalid and unauthorized by statute, and an injunction prohibiting the respondent federal officials from permitting assignments pursuant to the amended regulation.
The District Court, in an unreported opinion, held that the petitioners “lack standing to maintain this action against these [respondent] governmental officials,” because the latter “have not taken any action which directly invades any legally protected interest of the plaintiffs.” The Court of Appeals for the Fifth Circuit affirmed, one judge dissenting. 398 F. 2d 398. It held that petitioners lacked standing not only because they alleged
Our decision in Data Processing Service v. Camp, ante, p. 150, leads us to reverse here.
First, there is no doubt that in the context of this litigation the tenant farmers, petitioners here, have the personal stake and interest that impart the concrete adverseness required by Article III.
Second, the tenant farmers are clearly within the zone of interests protected by the Act.
Implicit in the statutory provisions and their legislative history is a congressional intent that the Secretary protect the interests of tenant farmers. Both of the relevant statutes expressly enjoin the Secretary to do so. The Food and Agriculture Act of 1965 states that “[t]he Secretary shall provide adequate safeguards to protect the interests of tenants . . . .” 79 Stat. 1196, 7 U. S. C. § 1444 (d) (10) (1964 ed., Supp. IV).
Third, judicial review of the Secretary’s action is not precluded. The Court of Appeals rested its holding on the view that no provision of the Food and Agriculture Act of 1965 “expressly or impliedly . . . gives the Courts authority to review such administrative action.” 398 F. 2d, at 402. Whether agency action is reviewable often poses difficult questions of congressional intent; and the Court must decide if Congress has in express or implied terms precluded judicial review or committed the challenged action entirely to administrative discretion.
The Administrative Procedure Act, 5 U. S. C. § 701 (a) (1964 ed., Supp. IV), allows judicial review of agency action except where “(1) statutes preclude judicial review; or (2) agency action is committed to agency discretion by law.” The amended regulation here under challenge was promulgated under 16 U. S. C. § 590d (3) which authorizes the Secretary to “prescribe such regulations, as he may deem proper to carry out the provisions of this chapter.” Plainly this provision does not expressly preclude judicial review, nor does any other provision in either the 1938 or 1965 Act. Nor does the authority to promulgate such regulations “as he may
The question then becomes whether nonreviewability can fairly be inferred. As we said in Data Processing Service, preclusion of judicial review of administrative action adjudicating private rights is not lightly to be inferred. See Leedom v. Kyne, 358 U. S. 184; Harmon v. Brucker, 355 U. S. 579; Stark v. Wickard, 321 U. S. 288; American School of Magnetic Healing v. McAnnulty, 187 U. S. 94. Indeed, judicial review of such administrative action is the rule, and nonreview-ability an exception which must be demonstrated. In Abbott Laboratories v. Gardner, 387 U. S. 136, 140, we held that “judicial review of a final agency action by an aggrieved person will not be cut off unless there is persuasive reason to believe that such was the purpose of
We hold that the statutory scheme at issue here is to be read as evincing a congressional intent that petitioners may have judicial review of the Secretary’s action.
The judgments of the Court of Appeals and of the District Court are vacated and the case is remanded to the District Court for a hearing on the merits.
It is so ordered.
The Secretary of Agriculture is authorized by 7 U. S. C. § 1444 (d) (5) (1964 ed., Supp. IV) to pay a farmer in advance of tire growing season up to 50% of the estimated benefits due him. Section 1444 (d) (13) (1964 ed., Supp. IV) authorizes the farmer to assign such benefits subject to the limitations of § 8 (g) added by the 1938 Act, 16 U. S. C. § 590h (g). Section 8 (g) as enacted in 1938 and as it read in 1965 established an exception to the general prohibition against assignment of federal monies in the Anti-Assignment Act, 31 U. S. C. § 203. Section 8 (g) provided:
“A payment which may be made to a farmer under this section, may be assigned, without discount, by him in writing as security
Section 8 (g) was amended by 80 Stat. 1167 (1966) to permit assignments not only to finance “making a crop” but also to fund “handling or marketing an agricultural commodity, or performing a conservation practice.” 16 U. S. C. § 590h (g) (1964 ed., Supp. IV).
20 Fed. Reg. 6512 (1955) provided:
“Payment may be assigned to finance making a crop. A payment which may be made to a farmer . . . under section 8 of the Soil Conservation and Domestic Allotment Act, as amended, may be assigned only as security for cash or advances to finance making a crop for the current crop year. To finance making a crop means (a) to finance the planting, cultivating, or harvesting of a crop, including the purchase of equipment required therefor; (b) to provide food, clothing, and other necessities required by the assignor or persons dependent upon the assignor; or (c) to finance the carrying out of soil or water conservation practices. Nothing contained herein shall be construed to authorize an assignment given to secure the payment of the whole or any part of the purchase price of a farm or the payment of the whole or any part of a cash or fixed commodity rent for a farm.”
32 Fed. Reg. 14921 (1967), 7 CFR § 709.3 (1969) now provides:
“Purposes jor which a payment may he assigned.
“(a) A payment which may be made to a producer under any program to which this part is applicable may be assigned only as security for cash or advances to finance making a crop,, handling or marketing an agricultural commodity, or performing a conservation practice, for the current crop year. No assignment may be made to secure or pay any preexisting indebtedness of any nature whatsoever.
“(b) To finance making a crop means (1) to finance the planting, cultivating, or harvesting of a crop, including the purchase of equipment required therefor and the payment of cash rent for land used therefor, or (2) to provide food, clothing, and other necessities required by the producer or persons dependent upon him.
“(c) Nothing contained herein shall be construed to authorize an assignment given to secure the payment of the whole or any part of the purchase price of a farm or the payment of the whole or any part of a fixed commodity rent for a farm.”
The respondents, in addition to the Secretary of Agriculture, are the State Executive Director of the Agricultural Stabilization and Conservation Service in Alabama, and the administrator of that Service in the U. S. Department of Agriculture. The complaint also included counts against petitioners’ landlord alleging that he acted improperly to deprive them of their right to receive subsidy payments, and, further, that some of the petitioners had been illegally evicted because of their participation in litigation with respect to the cotton program, and, in the case of one petitioner, because of his candidacy for Alabama Agricultural Stabilization and Conservation Service county committeeman. The District. Court denied the landlord’s motion to dismiss these counts and transferred them for trial to the Southern District of Alabama. That ruling is not before us.
The complaint stated that some of the petitioners “were denied the right to work the land” when they refused to execute assignments to their landlord. The complaint also alleged that “[p]laintiffs have been tenant farmers on this land from eleven to sixty-one years . . . and [two of them] have been on this land all their lives.”
In connection with the amended regulations, the Secretary issued under § 1444 (d) (10) various rules designed to ensure that tenants receive their fair share of the federal payments. 31 Fed. Reg. 4887-4888; 7 CFR §§ 722.817, 794.3.
See the remarks of Representative Fulmer, 82 Cong. Rec. 844 (1937), and of Senator Adams, id., at 1756. The fact that assignments could be made at all indicated a congressional concern for the fanners’ welfare, in light of the general statutory prohibition on assignment of federal claims embodied in the Anti-Assignment Act, 31 U. S. C. § 203. This concern was noted in a letter from the Secretary of Agriculture to the President of the Senate in January 1952, in which the Secretary stated that § 8 (g) “was enacted for the purpose of creating additional credit to farmers to assist them in financing farming operations.” S. Rep. No. 1305, 82d Cong., 2d Sess., 3.
Concurring in Part
concurring in the result and dissenting.
I concur in the result in both cases but dissent from the Court’s treatment of the question of standing to challenge agency action.
The Court’s approach to standing, set out in Data Processing, has two steps: (1) since “the framework of Article III . . . restricts judicial power to 'cases’ and ‘controversies,’ ” the first step is to determine “whether
My view is that the inquiry in the Court’s first step is the only one that need be made to determine standing. I had thought we discarded the notion of any additional requirement when we discussed standing solely in terms of its constitutional content in Flast v. Cohen, 392 U. S. 83 (1968). By requiring a second, nonconstitutional step, the Court comes very close to perpetuating the discredited requirement that conditioned standing on a showing by the plaintiff that the challenged governmental action invaded one of his legally protected interests.
Before the plaintiff is allowed to argue the merits, it is true that a canvass of relevant statutory materials must be made in cases challenging agency action. But the canvass is made, not to determine standing, but to determine an aspect of reviewability, that is, whether Congress meant to deny or to allow judicial review of the agency action at the instance of the plaintiff.
I submit that in making such examination of statutory materials an element in the determination of standing, the Court not only performs a useless and unnecessary exercise but also encourages badly reasoned decisions, which may well deny justice in this complex field. When agency action is challenged, standing, reviewability, and the merits pose discrete, and often complicated, issues which can best be resolved by recognizing and treating them as such.
I
Standing
Although Flast v. Cohen was not a case challenging agency action, its determination of the basis for standing should resolve that question for all cases. We there confirmed what we said in Baker v. Carr, 369 U. S. 186, 204 (1962), that the “gist of the question of standing” is whether the party seeking relief has “alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult . . . ques
In light of Flast, standing exists when the plaintiff alleges, as the plaintiffs in each of these cases alleged, that the challenged action has caused him injury in fact, economic or otherwise.
II
Reviewability
When the legality of administrative action is at issue, standing alone will not entitle the plaintiff to a decision on the merits. Pertinent statutory language, legislative history, and public policy considerations must be examined to determine whether Congress precluded all judicial review, and, if not, whether Congress nevertheless foreclosed review to the class to which the plaintiff belongs. Under the Administrative Procedure Act (APA), “statutes [may] preclude judicial review” or “agency action [may be] committed to agency discretion by law.” 5 U. S. C. § 701 (a) (1964 ed., Supp. IV). In either ease, the plaintiff is out of court, not because he had no standing to enter, but because Congress has stripped
The APA provides that “[a] person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.” 5 U. S. C. § 702 (1964 ed., Supp. IV). Congressional intent that a particular plaintiff have review may be found either in express statutory language granting it to the plaintiff’s class,
III
The Merits
If it is determined that a plaintiff who alleged injury-in fact is entitled to judicial review, inquiry proceeds to the merits — to whether the specific legal interest claimed by the plaintiff is protected by the statute and to whether the protested agency action invaded that interest.
IV
To reiterate, in my view alleged injury in fact, re-viewability, and the merits pose questions that are largely distinct from one another, each governed by its own considerations. To fail to isolate and treat each inquiry independently of the other two, so far as possible, is to risk obscuring what is at issue in a given case, and thus to risk uninformed, poorly reasoned decisions that may result in injustice. Too often these various questions have been merged into one confused inquiry, lumped under the general rubric of “standing.” The books are full of opinions that dismiss a plaintiff for lack of “standing” when dismissal, if proper at all, actually rested either upon the plaintiff’s failure to prove on the merits the existence of the legally protected interest that he claimed,
The risk of ambiguity and injustice can be minimized by cleanly severing, so far as possible, the inquiries into reviewability and the merits from the determination of standing. Today’s decisions, however, will only compound present confusion and breed even more litigation over standing. In the first place, the Court’s formula
In the second place, though the Court insists that its nonconstitutional standing inquiry does not involve a determination of the merits, I have grave misgivings on this score. The formulation of the inquiry most certainly bears a disquieting similarity to the erroneous notion that a plaintiff has no standing unless he can establish the existence of a legally protected interest. Finally, assuming that the inquiry does not, in fact, focus on the merits, then surely it serves only to determine whether the challenged agency action is reviewable at the instance of the plaintiff in cases where there is no express statutory grant of review to members of his class.
[Tliis opinion applies also to No. 85, Association of Data Processing Service Organizations, Inc., et al. v. Camp, Comptroller of the Currency, et al., ante, p. 150.]
Cf. the language in Associated Industries v. Ickes, 134 F. 2d 694, 700 (C. A. 2d Cir. 1943): "In a suit in a federal court by a citizen against a government officer, complaining of alleged past . . . unlawful conduct by the defendant, there is no justiciable 'controversy' . . . unless the citizen shows that such conduct ... invades ... a private substantive legally protected interest of the plaintiff citizen; such invaded interest must be either of a 'recognized' character, at ‘common law’ or a substantive private legally protected interest created by statute [or Constitution].”
Reviewability has often been treated as if it involved a single issue: whether agency action is conclusive and beyond judicial challenge by anyone. In reality, however, reviewability is equally concerned with a second issue: whether the particular plaintiff then requesting review may have it. See the Administrative Procedure Act, 5 U. S. C. §§ 701 (a) and 702 (1964 ed., Supp. IV). Both questions directly concern the extent to which persons harmed by agency action may challenge its legality.
Other elements of justiciability are, for instance, ripeness, e. g., Poe v. Ullman, 367 U. S. 497 (1961), mootness, e. g., United States v. W. T. Grant Co., 345 U. S. 629 (1953), and the policy against friendly or collusive suits, e. g., Chicago & Grand Trunk R. Co. v. Wellman, 143 U. S. 339 (1892); United States v. Johnson, 319 U. S. 302 (1943). “Justiciability” is also the term of art used to refer to the constitutional necessity that courts not deal with certain issues lest they “intrude into areas committed to the other branches of government.” Flast, supra, at 95. The political-question doctrine has its analogue in the sphere of administrative law in the concept of nonreviewability. See, e. g., Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp., 333 U. S. 103 (1948); Schilling v. Rogers, 363 U. S. 666 (1960). And, of course, federal courts may not decide questions over which they lack jurisdiction, e. g., Brown Shoe Co. v. United States, 370 U. S. 294, 305 (1962); American Fire & Casualty Co. v. Finn, 341 U. S. 6, 17-18 (1951). Thus, on many grounds other than an absence of standing, a court may dismiss a lawsuit without proceeding to the merits to determine whether the plaintiff presents a claim upon which relief may be granted, and, if so, whether he has borne his burden of proof.
It is true, of course, that in certain types of litigation parties may properly request judicial resolution of issues not “presented in an adversary context.” See Davis, Standing: Taxpayers and Others, 35 U. Chi. L. Rev. 601, 607 (1968). But in most instances, among them private challenges to agency action, the plaintiff must establish his adverseness to obtain standing.
Thus, for purposes of standing, it is sufficient that a plaintiff allege damnum absque injuria, that is, he has only to allege that he has suffered harm as a result of the defendant’s action. Injury in fact has generally been economic in nature, but it need not be. See, e. g., Scenic Hudson Preservation Conf. v. FPC, 354 F. 2d 608 (C. A. 2d Cir. 1965); Office of Communication of United Church of Christ v. FCC, 123 U. S. App. D. C. 328, 359 F. 2d 994 (1966). The more “distinctive or discriminating” the harm alleged and the more clearly it is linked to the defendant’s action, the more easily a plaintiff may meet the constitutional test. See L. Jaffe, Judicial Control of Administrative Action 501 (1965). The plaintiffs in the present cases alleged distinctive and discriminating harm, obviously linked to the agency action. Thus, I do not consider what must be alleged to satisfy the standing requirement by parties who have sustained no special harm themselves but sue rather as taxpayers or citizens to vindicate the interests of the general public.
Past decisions of this Court indicate I that a person who has suffered injury in fact meets the relevant Article III requirement. See, for example, FCC v. Sanders Bros. Radio Station, 309 U. S. 470, 476-477 (1940); Scripps-Howard Radio, Inc. v. FCC, 316 U. S. 4 (1942). In these decisions the Court permitted parties economically harmed by administrative action to challenge it although no legal interest of the parties was found to have been invaded by the action. The Court stated in Scripps-Howard Radio, supra, at 14, that “[t]he Communications Act of 1934 did not create new private rights. The purpose of the Act was to protect the public interest in communications. By § 402 (b) (2) Congress gave the right of appeal to persons ‘aggrieved or whose interests are adversely affected’ by Commission action.” Accordingly, since Congress cannot expand the Article III jurisdiction of federal courts, Muskrat v. United States, 219 U. S. 346 (1911), it follows that injury in fact renders a party adverse under the Constitution. Cf. K. Davis, 3 Administrative Law Treatise § 22.02, at 211 (1958); Jaffe, supra, n. 5, at 336.
See, e. g., the Securities Act of 1933, which provides that “[a]ny person aggrieved by an order of the Commission may obtain a review,” 15 U. S. C. § 77i (a), and the Federal Power Act, which grants review to “[a]ny party to a proceeding under this chapter aggrieved by an order issued by the Commission in such proceeding . . . .” 16 U. S. C. § 825l (b).
Section 702 also provides that "[a] person suffering legal wrong because of agency action ... is entitled to judicial review thereof.” Though a person suffering such wrong is clearly entitled to review, he need not show the existence of a legally protected interest to establish either his standing or his right to review. The existence of that interest is a question of the merits.
This is particularly the case when the plaintiff is the only party likely to challenge the action. Refusal to allow him review would, in effect, commit the action wholly to agency discretion, thus risking frustration of the statutory objectives.
If the alleged legal interest is clearly frivolous, or proof to substantiate the alleged injury in fact is wholly lacking, the plaintiff can be hastened from court by summary judgment.
E. g., Tennessee Power Co. v. TV A, 306 U. S. 118 (1939); Association of Data Processing Service Organizations, Inc. v. Camp, 406 F. 2d 837, 843 (C. A. 8th Cir. 1969); Barlow v. Collins, 398 F. 2d 398, 401 (C. A. 5th Cir. 1968).
E. g., Association of Data Processing Service Organizations, Inc. v. Camp, supra, at 843; Barlow v. Collins, supra, at 401-402; Harrison-Halsted Community Group, Inc. v. Housing & Home Finance Agency, 310 F. 2d 99 (C. A. 7th Cir. 1962).
In cases involving statutes that do expressly grant the plaintiff a right to review, there would be no need for the Court's second standing inquiry — unless it serves to provide a preview of the merits.
I would apply my view that all examination of statutory language and congressional intent, as they bear on the right of the plaintiff to challenge agency action, should be made only in the reviewability context even if the pertinent statutory material speaks of “standing” or “statutory aid to standing.” Statutory materials, of course, would be properly consulted in the determination of standing if they purport to define what constitutes injury in fact.
Reference
- Full Case Name
- BARLOW Et Al. v. COLLINS, EXECUTIVE DIRECTOR, ALABAMA AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE, Et Al.
- Cited By
- 939 cases
- Status
- Published