Futility exception

The futility exception applies when the law normally would force someone through some process before suing, but that process clearly cannot give them the relief they need. Common examples include cases where the agency lacks authority to grant the remedy or has already made its position clear in similar cases. Courts apply the exception cautiously because the whole point of exhaustion rules is to let agencies do their job first. The person claiming futility usually has to show concrete facts, not just guess that the agency would say no. Where the exception applies, the court can move forward without the missing step.