There has been a noticeable uptick in litigants seeking—and courts granting—nationwide relief against federal regulatory agencies. The Administrative Conference of the United States recently hosted two panels to explore the implications of such relief on federal regulatory programs. These panels offer valuable insights into the impact of nationwide relief, including universal vacatur under the Administrative Procedure Act, on regulatory agencies and potential courses of action.
Firstly, on September 27, ACUS held a panel discussing its latest 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.
Secondly, on October 2, ACUS hosted a panel on the Opportunities and Challenges of Nationwide Relief, with speakers Amanda Frost, Alisa Klein, and myself, moderated by Adam White. As expected, I revisited some of my previous commentary on this topic.
