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

Committee:

Final Recommendation:

Remand Without Vacatur

Recommendation number
2013-6
Adoption Date

Project Documents

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

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