There has been an apparent increase in the rate at which litigants seek–and courts award–nationwide relief against federal regulatory agencies. The Administrative Conference of the United States recently held two panels to examine the impact that such relief has had on federal regulatory programs. The two panels provide useful background and insights about how nationwide relief, including universal vacatur under the Administrative Procedure Act have affected regulatory agencies and what, if anything, to do about it.
First, on September 27, ACUS held a panel summarizing its recent report on Nationwide Injunctions and Federal Regulatory Programs, featuring the report's authors, Mila Sohoni, Jed Stiglitz, and Zachary Clopton, and moderated by Alan Morrison.
Second, on October 2, ACUS held a panel on the Opportunities and Challenges of Nationwide Relief, featuring Amanda Frost, Alisa Klein, and myself, moderated by Adam White. As readers might expect, I reprised some of my earlier commentary on this subject.
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