Judicial Review

Committee:

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.

Committee:

The Congressional Review Act (“CRA”) implements a process for Congressional review of agency rules.  5 U.S.C.

Committee:

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.

Committee:

Recommendation 2013-6, “Remand Without Vacatur,” examines the judicial remedy of remand without vacatur on review of agency actions and equitable factors that may justify its application. The recommendation offers guidance for courts that remand agency actions and for agencies responding to judicial remands.