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).

Contacts:

Implementation Contact

Kazia Nowacki

202.480.2093 | knowacki@acus.gov

Committee:

Committee on Judicial Review

Featured Documents:

The Unusual Remedy of Remand Without Vacatur Final Report

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The Unusual Remedy of Remand Without Vacatur Plenary Presentation

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Remand Without Vacatur

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Final Recommendation:

Remand Without Vacatur

Download file

Remand Without Vacatur _ Final Recommendation.pdf

Recommendation number

2013-6

Adoption Date

Thu, 12/05/2013 - 12:00

Committees

Committee on Judicial Review

Project Documents

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