Remand Without Vacatur

Recommendation 2013-6 – Remand without Vacatur examines judicial remand of an agency decision for further consideration while allowing the decision to remain in place. It examines this remedy 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.  

Citation: 78 Fed. Reg. 76,269, 76,272 (Dec. 17, 2013)

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Committee: 

Final Recommendation

  • Recommendation number: 2013-6
  • Adopted on: December 5, 2013
  • Committees: Judicial Review

Remand without vacatur is a judicial remedy that permits agency orders or rules to remain in effect after they are remanded by the reviewing court for further agency proceedings.  Traditionally, courts have reversed and set aside agency actions they have found to be arbitrary and capricious, unlawful, unsupported by substantial evidence, or otherwise in violation of an applicable standard of review.  Since 1970, however, the remedy...

Project Documents

Name Committee Type Date
Nov. 12, 2013 Committee Meeting Agenda Judicial Review Agenda November 12, 2013 Download
Oct. 30, 2013 Committee Meeting Agenda Judicial Review Agenda October 24, 2013 Download
Committee on Judicial Review Meeting Minutes Judicial Review Meeting Minutes November 19, 2013 Download
Revesz Comment Administration and Management, Judicial Review, Regulation Member Comment December 3, 2013 Download
Committee on Judicial Review Meeting Minutes Nov. 12, 2013 Memorandum November 19, 2013 Download
Institute for Policy Integrity Comment on Remand Without Vacation Draft Recommendation Judicial Review Public Comment November 12, 2013 Download
Sean Croston Comment on Remand Without Vacation Draft Recommendation Judicial Review Public Comment October 24, 2013 Download
Remand Without Vacatur Judicial Review Recommendation December 5, 2013 Download
Proposed Recommendation on Remand Without Vacatur Judicial Review Recommendation December 3, 2013 Download
Remand Without Vacatur Proposed Recommendation with Amendments Judicial Review Recommendation December 3, 2013 Download
Proposed Recommendation _ Redline from 11/12/13 Committee Meeting Judicial Review Recommendation November 14, 2013 Download
Revised Draft Proposed Recommendation on Remand Without Vacation _ 11/12/13 Committee Meeting Mark-Up Judicial Review Recommendation November 12, 2013 Download
Revised Draft Proposed Recommendation on Remand Without Vacation _ Redline with Conference Member Comments Judicial Review Recommendation November 8, 2013 Download
Draft Proposed Recommendation on Remand Without Vacation Judicial Review Recommendation November 5, 2013 Download
Remand Without Vacation Redline Revised Draft Recommendation Judicial Review Recommendation October 24, 2013 Download
Remand Without Vacation Revised Draft Recommendation Judicial Review Recommendation October 24, 2013 Download
Remand Without Vacatur Draft Recommendation Judicial Review Recommendation October 17, 2013 Download
The Unusual Remedy of Remand Without Vacatur Final Report Judicial Review Report January 3, 2014 Download
The Unusual Remedy of Remand Without Vacatur Plenary Presentation Judicial Review Testimony/Speeches December 6, 2013 Download

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