Enforcement Discretion
Enforcement discretion is the authority or practical judgment an agency uses when deciding how to allocate limited resources and whether to pursue a particular alleged violation. Courts often recognize that agencies must prioritize cases, though discretion remains subject to statutory limits and some forms of review.
Enforcement discretion is the authority or practical judgment an agency uses when deciding how to allocate limited resources and whether to pursue a particular alleged violation. Courts often recognize that agencies must prioritize cases, though discretion remains subject to statutory limits and some forms of review.
Example: In Heckler v. Chaney (1985), the Supreme Court considered an agency’s decision not to take enforcement action and discussed the presumption that such decisions are generally committed to agency discretion.
Common misconception: Enforcement discretion lets an agency ignore a law for any reason. The agency must still act within statutory authority and applicable legal constraints.
Sources: https://www.govinfo.gov/content/pkg/USREPORTS-470/pdf/USREPORTS-470-821.pdf; https://www.usa.gov/agency-index