This report examines how nationwide injunctions and similar equitable remedies affect the administration of federal regulatory programs. Among other topics, it addresses the use, frequency, and characteristics of nationwide injunctive and similar relief in challenges to agency rules; how agencies understand the scope of judgments vacating and setting aside agency rules under the Administrative Procedure Act; and how agencies respond to nationwide injunctive and similar relief in carrying out their rulemaking activities. ACUS undertook this report following a 2020 ACUS-sponsored forum of leading experts that examined nationwide injunctions. A transcript of the forum and other materials associated with it are available here.
Professor Zachary Clopton (Northwestern University Pritzker School of Law), Professor Mila Sohoni (Stanford Law School), and Professor Jed Stiglitz (Cornell Law School) are serving as consultants for this project. They were advised by a consultative group of leading experts.
Consultative Group
- Katherine Twomey Allen (Former Deputy Associate Attorney General, Office of the Attorney General, U.S. Department of Justice)
- Nicholas Bagley (The University of Michigan Law School)
- Samuel L. Bray (University of Notre Dame Law School)
- Ronald A. Cass (Cass & Associates, PC)
- Charlton Copeland (University of Miami School of Law)
- Amanda Frost (American University Washington College of Law)
- Kristin Hickman (University of Minnesota Law School)
- Ronald Levin (Washington University in St. Louis School of Law)
- Alan B. Morrison (The George Washington University Law School)
- Nicholas R. Parrillo (Yale Law School)
- Amy Semet (University of Buffalo School of Law)
- Catherine Struve (University of Pennsylvania Carey Law School)
- Adrian Vermeule (Harvard Law School)
Contacts:
Staff Counsel
