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:

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.