Many agency decisions involve findings of fact. Many others require policy and political decisions. Agencies are better equipped to find the facts, in most instances, than are courts. An agency will also be more familiar with the history of a particular case, as well as the facts of the industry. Decisions that are inherently political or that involve policy concerns are better left to the agencies because they are better equipped than the courts to deal with such issues.

For this reason, decisions that have been “committed to agency discretion” are not subject to judicial review. If a lawsuit is filed stemming from an action committed to an agency’s discretion, it must be dismissed because the reviewing court lacks authority to hear the case. This prevents review of procedural, as well as substantive, issues. The decision or action is common in the daily management or operations of an agency it is likely unreviewable.