Bauer v. Devos

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MEAGHAN BAUER, et al., Plaintiffs, v. Civil Action No. 17-1330 (RDM) ELISABETH DeVOS, Secretary, U.S. Department of Education, et al., Defendants. MEMORANDUM OPINION AND ORDER Having concluded that the Department of Education’s various actions delaying the Borrower Defense Regulations violated the Administrative Procedure Act (“APA”),

5 U.S.C. § 701

et seq., the Court turns to the issue of the appropriate remedy. The Court concludes that, as with most unlawful agency actions, the proper remedy here is vacatur. The Court will,…