In this article, Adam Feinberg discusses the possibility of obtaining discovery against the government in Administrative Procedure Act (APA) cases.  The “record review rule” states that a challenge to a federal agency’s action as being “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law” under the APA is usually limited to the agency’s administrative record.  As a corollary to that rule, courts typically will not permit free-ranging discovery against the government.  However, discovery is often appropriate if it is necessary for meaningful judicial review, if the agency decision-makers engaged in bad faith or improper conduct, or if the case involves an agency delay or refusal to take a non-discretionary act.  In such cases, an APA plaintiff should consider filing a motion for leave to take discovery against the government.