Andrew Slottje
                                            Essay
                                    
                Remand Without Vacatur in a Changing Environment
A court reviewing unlawful agency action, in deciding whether to “remand without vacatur,” considers the two factors of legal deficiency and undue disruption. Surveying diverging approaches to balancing these factors in environmental cases, this Essay proposes a reframing of the test that draws on parallels with preliminary relief.
Feb 17, 2023