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.  

Recommended Citation: Admin. Conf. of the U.S., Recommendation 2013-6, Remand Without Vacatur, 78 Fed. Reg. 76272 (Dec. 17, 2013).

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Implementation Contact

Committee:

Final Recommendation:

Remand Without Vacatur

Recommendation number
2013-6
Adoption Date
Committees

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

Project Documents

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