APA Remedies

Question 1

What are the 5 types of remedies

Answer 1

Damages (not available under APA)
Declaratory Relief
Remand
Vacatur
Injunctive Relief

Question 2

What is vacatur

Answer 2

The undoing of a decision

Question 3

What is the name of the vacatur test?

Answer 3

Allied Signals Test (from D.C. Circuit case)

Question 4

In DOJ’s view, a remand order should not contain ___

Answer 4

Instructions on what to do at the agency level

Question 5

Despite this language from 706(2), a court still has its equitable powers.

Answer 5

A court “shall” “hold unlawful and set aside”
- a court can do less than set aside, even though this language sounds mandatory

Question 6

What are the prongs of the Allied-Signals Test for determining whether vacatur is warranted

Answer 6

(1) seriousness of error
(2) disruptive consequences of vacatur

Question 7

Recite the great language from Monsanto about NEPA injunctions

Answer 7

There is no “thumb on the scale” in NEPA cases. An” injunction should issue only if the traditional four-factor test is satisfied.” 561 U.S. 139,158

Question 8

SCOTUS case cite: “An injunction is an extraordinary remedy.”

Answer 8

Weinberger v. Romero-Barcelo

Question 9

What is the 9th Circuit case that allows economic harm to be a factor in the balance of equities prong of the PI standard

Answer 9

Earth Island Institute v. Carlton (9th Cir. 2010)

Question 10

Give the SCOTUS case stating that an injunction should be narrowly tailored?

Answer 10

Califano v. Yamasaki (1979)