Judges' decisions on agency inaction could impact individual liberties and public welfare.
The article discusses how courts review agency decisions not to make regulations. It suggests a balance between letting agencies decide how to use their resources and enforcing clear laws from Congress. This balance helps courts know when to intervene in agency inaction. It also explains why some agency decisions are not reviewed by courts. By finding this balance, courts can prevent problems in regulatory programs that benefit society but harm small groups.