The Administrative Record in Informal Rulemaking project addressed agency recordkeeping in the limited context of informal rulemaking. The recommendation was developed by the Committee on Judicial review based on an empirical study of agencies’ current practices, supported by a questionnaire and a review of existing agency guidance and policies.
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.
This proposed recommendation examines the judicial remedy of remand without vacatur on review of agency action and equitable factors that may justify its application. It also offers guidance for courts that remand agency actions and for agencies responding to judicial remands.