"Vacation" at sea: judicial remedies and equitable discretion in administrative law.

Duke Law Journal, November, 2003 by Levin, Ronald M.

ABSTRACT

Scholars have rarely examined the remedial issues that federal courts may face when they find that an administrative agency has acted unlawfully. This Article presents a broad survey of that topic in the course of exploring a narrower doctrinal issue: the validity of "remand without vacation." That term denotes a practice whereby a court remands an agency action for further work but allows the action to remain in place during the remand proceedings. In recent years many appellate panels have resorted to this practice in order to minimize disruption of an ongoing administrative program or to protect private reliance interests.

Some argue that this very untraditional form of relief is prohibited by section 706 of the Administrative Procedure...

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