Also known as: declaratory orders · declaratory judgment
Written by attorneys · grounded in primary & secondary sources — see below
An administrative determination by which an agency resolves uncertainty or ends a controversy concerning the application of statutes or regulations to particular facts. The order carries the same force and effect as other final agency orders and is subject to judicial review.
Diamond Manufacturing holds a servitude restricting neighboring land use. When Duarte Shipping begins construction that violates the restriction, Diamond Manufacturing petitions the agency for a declaratory order confirming the servitude's validity and scope. The agency issues the order after weighing the servitude's purpose, the parties' conduct, and the costs of enforcement.
Friends of the Earth petitions the EPA alleging ongoing permit violations at a wastewater plant. The group seeks a declaratory order that the violations are occurring. The agency issues the order after determining the petitioners have standing because the declaratory relief would redress their injury.
Select any source to read its text and confirm it supports the definition.
Former President Nixon challenges the Administrator of General Services over custody of his presidential papers. He petitions the agency seeking a declaratory order that the federal statute transferring the papers is unconstitutional. The agency upholds the statute after determining that the declaratory relief action presents a justiciable controversy.
A state college professor whose contract is not renewed petitions the agency seeking a declaratory order that he possesses a property interest in continued employment. The agency holds that the declaratory action requires a showing of a legitimate claim of entitlement under state law before due process protections attach.
Thomas challenges the constitutionality of a federal statute requiring arbitration of compensation disputes between pesticide registrants. He petitions the agency for a declaratory order that the arbitration scheme violates Article III. The agency upholds the scheme, finding that the declaratory action does not require de novo judicial review of the arbitrator's decision.
Citizens for a Better Environment petitions the agency for failing to file required reports under environmental statutes. The group requests a declaratory order that violations occurred along with civil penalties. The agency dismisses the action for lack of redressability because the requested declaratory relief would not remedy the petitioners' alleged injury.
An agency may issue a declaratory order to terminate a controversy or remove uncertainty about the application of law to specific facts. The order has the same effect as other final agency orders and qualifies as final agency action subject to judicial review.
Supporting sources
No. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. A court may order a speedy hearing in a declaratory-judgment action.
A federal court must give the state-court declaratory judgment the same preclusive effect that the rendering state's courts would give it. This requirement flows from full faith and credit principles.
Yes. The owner of a reversionary interest following a life estate may obtain a declaratory judgment confirming ownership after an inter vivos conveyance of that interest.
…S. C. §§ 1331, 2201, and 2202, and § 315 (a) of the Act, 2 U. S. C. § 437h (a) (1970 ed., Supp. IV). The complaint sought both a declaratory judgment that the major provisions of the Act were unconstitutional and an injunction against enforcement of those provisions. Appellants requested the convocation of a three-judge District Court as…