At its Plenary Session on June 13-14, 2013, the Administrative Conference of the United States adopted Recommendation 2013-4, concerning the Administrative Record in Informal Rulemaking.
The Congressional Review Act (“CRA”) implements a process for Congressional review of agency rules. 5 U.S.C.
Recommendation 2012-6, “Reform of 28 U.S.C. Section 1500,” urges Congress to repeal Section 1500, which divests the U.S. Court of Federal Claims of jurisdiction when a plaintiff has claims against the government based on substantially the same operative facts pending in another court, and replace it with a provision that would create a presumption that in such circumstances, later-filed actions would be stayed.
Judicial remand of an agency decision for further consideration while allowing the decision to remain in place is known as remand without vacatur. The technique has become a “familiar feature of administrative law practice.” This is especially true for the D.C.