467 U.S. 340 (U.S. 1984)
Block v. Community Nutrition Institute is a cornerstone administrative law decision on when Congress has implicitly precluded judicial review under the Administrative Procedure Act (APA).
Whether the AMAA's statutory scheme, which provides a specific administrative and judicial review mechanism for milk "handlers," impliedly precludes judicial review of milk marketing orders at the behest of consumers under the APA or general federal-question jurisdiction.
There is a strong presumption under the APA that agency action is subject to judicial review. However, that presumption is overcome where congressional intent to preclude review is fairly discernible in the statutory scheme. When a statute provides a detailed mechanism for judicial consideration of particular issues at the behest of particular persons, courts will infer that review at the behest of other persons is impliedly precluded. The "clear and convincing evidence" formulation is a guide to discerning congressional intent, not a rigid evidentiary burden; the focus is on statutory text, structure, purpose, and legislative history (APA § 701(a)(1)).
Consumers are impliedly precluded from obtaining judicial review of milk marketing orders under the AMAA. Congress intended to limit review to handlers through the statute's specific administrative and judicial process; thus, consumer suits challenging such orders are not permitted.
Block is a leading case on implied preclusion of judicial review under APA § 701(a)(1). It teaches students to read statutes holistically: if Congress crafts a comprehensive review scheme for certain parties (here, handlers), courts will infer that other parties (here, consumers) cannot bypass it. Block also refines the presumption of reviewability by clarifying that the "clear and convincing evidence" phrase is a way of describing the requisite confidence in congressional intent, not a separate evidentiary test. The case is foundational to later channeling and exclusive-review decisions, and it frequently appears on exams testing how to analyze statutory text, structure, purpose, and practical consequences when determining whether judicial review is available and to whom.