Judicial Review of Agency Action

Question 1

A remand can be pursued with or without ___

Answer 1

Vacatur

Question 2

What is remand without vacatur

Answer 2

A judicial ruling that allows the challenged agency rule to stay in effect even while the action is sent back to the agency

Question 3

For a suit under 706(1), a party can only sue for these types of actions

Answer 3

Mandatory

Question 4

Section 551(13) is defined to include an agency rule … or failure to act..” A “failure to act” is properly understood to mean a failure to do what?

Answer 4

A failure to take one of the earlier agency actins defined in section 551(13)

Question 5

What are the six terms listed under “agency action” in Section 551(13)

Answer 5

An Orangatan Live Singing

Agency Rule
Order
License
Sanction
Relief, or denial of relief
Failure to Act

Question 6

Rule from Norton v. SUWA about when a 706(1) claim can proceed

Answer 6

Only for (1) discrete agency actions that (2) the agency is required to take