Pre-enforcement review is available only if the challenge is purely legal and further factual development would not contribute to resolution.

Pre-enforcement review is available only if the challenge is purely legal and further factual development would not contribute to resolution.

• A. Upon any issue before agency
• B. Only if the challenge is purely legal and no further factual development would help
• C. Only after the agency decision is final
• D. It is never allowed

Answer: (B)

Pre-enforcement review is allowed only when the challenge is purely legal and no further factual development would help resolve it. The court won’t decide before the agency acts if the dispute hinges on facts that could change the outcome, because doing so would be an advisory ruling and would undermine the agency’s own fact-finding and regulatory process. So this type of review is a narrow exception used for facial or purely legal challenges where the record isn’t dependent on any additional facts. The other options aren’t correct because pre-enforcement review isn’t available for every issue before an agency, isn’t limited to post-decision review, and isn’t never allowed.

Pre-enforcement review is allowed only when the challenge is purely legal and no further factual development would help resolve it. The court won’t decide before the agency acts if the dispute hinges on facts that could change the outcome, because doing so would be an advisory ruling and would undermine the agency’s own fact-finding and regulatory process. So this type of review is a narrow exception used for facial or purely legal challenges where the record isn’t dependent on any additional facts. The other options aren’t correct because pre-enforcement review isn’t available for every issue before an agency, isn’t limited to post-decision review, and isn’t never allowed.