Legal Opinion

Bauer v. Devos

Court of Appeals for the D.C. Circuit

Decided September 17, 2018No. Civil Action No. 17-1330 (RDM)PublishedCited by 9 opinions

1Opinion of the Court

RANDOLPH D. MOSS, United States District Judge *183Having 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, accordingly, vacate the "Final Delay Rule," William D. Ford Federal Direct Loan Program, 83 Fed. Reg. 6,458 (Feb. 14, 2018). The Court will also vacate the "Section 705 Stay," William D. Ford…

2Cases cited8 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. Mark B. Harmon v. Richard L. Thornburgh, Attorney General of the United StatesCourt of Appeals for the D.C. Circuit · 1989
  3. Worldcom, Inc. v. Federal Communications Commission and United States of America, Sprint Corporation, IntervenorsCourt of Appeals for the D.C. Circuit · 2002
  4. Friends of the Earth, Inc. v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2006
  5. Radio-Television News Directors Ass'n v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1999

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3Cited by9 opinions

  1. Cal. Ass'n of Private Postsecondary Sch. v. DeVosCourt of Appeals for the D.C. Circuit · 2018
  2. Council of Parent Attorneys v. DevosCourt of Appeals for the D.C. Circuit · 2019
  3. Nat'l Women's Law Ctr. v. Office of Mgmt. & BudgetCourt of Appeals for the D.C. Circuit · 2019
  4. Nat'l Educ. Ass'n v. DevosDistrict Court, N.D. California · 2019
  5. Council of Parent Attorneys and Advocates, Inc. v. DevosDistrict Court, District of Columbia · 2019

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