Which arrangement correctly describes the relationship between vacatur and remand?

Which arrangement correctly describes the relationship between vacatur and remand?

• A. Vacatur is used when the rule is invalid in its entirety; remand is used when deficiencies can be fixed on reconsideration.
• B. Remand is used when the rule is invalid in its entirety; vacatur is used when deficiencies can be fixed.
• C. Injunction is the standard remedy for all agency actions.
• D. Dismissal is only used when there is lack of jurisdiction.

Answer: (A)

In reviewing agency rules, the remedy chosen depends on whether the defects are fundamental or fixable. Vacatur is used when the rule is invalid in its entirety, so the rule is removed from effect. Remand is used when the deficiencies can be addressed and corrected on reconsideration by the agency, allowing the rule to potentially survive after fixes. This distinction matters because it preserves the integrity of review: if the whole rule is invalid, wiping it out prevents continued enforcement of an unlawful standard; if the problems are remediable, sending the rule back to the agency to fix respects the agency’s expertise and avoids discarding the policy altogether. The other options don’t fit because injunction is not the universal remedy for all agency actions, and dismissal for lack of jurisdiction is a separate procedural posture, not the general relationship between vacatur and remand.

In reviewing agency rules, the remedy chosen depends on whether the defects are fundamental or fixable. Vacatur is used when the rule is invalid in its entirety, so the rule is removed from effect. Remand is used when the deficiencies can be addressed and corrected on reconsideration by the agency, allowing the rule to potentially survive after fixes.

This distinction matters because it preserves the integrity of review: if the whole rule is invalid, wiping it out prevents continued enforcement of an unlawful standard; if the problems are remediable, sending the rule back to the agency to fix respects the agency’s expertise and avoids discarding the policy altogether.

The other options don’t fit because injunction is not the universal remedy for all agency actions, and dismissal for lack of jurisdiction is a separate procedural posture, not the general relationship between vacatur and remand.