5 U.S.C. § 705
Relief pending review
When an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review. On such conditions as may be required and to the extent necessary to prevent irreparable injury, the reviewing court, including the court to which a case may be taken on appeal from or on application for certiorari or other writ to a reviewing court, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings.
Notes of Decisions
Cited in 289
cases (121 in the last 5 years), 1967–2026 · leading case: Sierra Club v. Jackson, 833 F. Supp. 2d 11 (D.D.C. 2012).
Sierra Club v. Jackson, 833 F. Supp. 2d 11 (D.D.C. 2012). “Specifically, EPA stated that it was acting pursuant to its authority under 5 U.S.C. § 705 of the APA, rather than under 42 U.”
Bauer v. Devos, 325 F. Supp. 3d 74 (D.C. Cir. 2018). “" 5 U.S.C. § 705 . In the view of the Department, this standard was satisfied "[i]n light of the existence and potential *84 consequences of the pending [ CAPPS ] litigation.”
Sierra Club v. Jackson, 813 F. Supp. 2d 149 (D.D.C. 2011). “Specifically, EPA stated that it was acting pursuant to its authority under 5 U.S.C. § 705 of the APA, rather than 42 U.”
Mexichem Specialty Resins, Inc. v. Env't Prot. Agency, 787 F.3d 544 (D.C. Cir. 2015). “The partial dissent contends that the Court may stay a Clean Air Act rule indefinitely, notwithstanding that language, pointing to the more general stay provisions of the Administrative Procedure Act, 5 U.S.C. § 705 , and our decision in Portland Cement Assoc.”
Texas v. United States Env't Prot. Agency, 829 F.3d 405 (5th Cir. 2016). “]” 5 U.S.C. § 705 . Petitioners request a stay of the Final Rule in its entirety.”
Branstad v. Glickman, 118 F. Supp. 2d 925 (N.D. Iowa 2000). “5 U.S.C. § 705 (emphasis added). Courts have recognized that this standard is the same as the standard for issuance of a preliminary injunction.”
California v. United States Bureau of Land Mgmt., 277 F. Supp. 3d 1106 (N.D. Cal. 2017). “” 5 U.S.C. § 705 . As the Court of Appeals for the District of Columbia explained when confronting a similar argument about Section 705: - Upon consideration of the motion of in-tervenors to'vacate administrative stay, the responses thereto and the reply, it is ORDERED that the…”
Becerra v. United States Dep't of the Interior, 276 F. Supp. 3d 953 (N.D. Cal. 2017). “Rule pursuant to 5 U.S.C. § 705 of the Administrative Procedure Act, pending judicial review.”
McConnell v. Fed. Election Comm'n, 251 F. Supp. 2d 176 (D.D.C. 2003). “5 U.S.C. § 705 . The law provides: "When an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review.”
All. Hippocratic Med. v. FDA, 78 F.4th 210 (5th Cir. 2023). “For relief, the court “stayed” the “effective date” of FDA’s actions under 5 U.S.C. § 705 . FDA and Danco appealed and moved to stay the district court’s order pending appeal.”
D&G Holdings, LLC v. Sylvia Mathews Burwell, 156 F. Supp. 3d 798 (W.D. La. 2016). “Plaintiff has asserted the following grounds for the Court to issue an injunction preserving the status quo: (1) procedural due process; (2) substantive due process; (3) an ultra vires action; and (4) a “preservation of rights” under 5 U.S.C. § 705 . Id. at 39-43 . Defendants…”
Cigar Ass'n of Am. v. U.S. Food & Drug Admin., 317 F. Supp. 3d 555 (D.C. Cir. 2018). “Mehta, United States District Judge Pursuant to Federal Rule of Civil Procedure 62(c) and 5 U.S.C. § 705 , Plaintiffs ask for an injunction or stay pending their appeal of a portion of the court's May 15, 2018 Memorandum Opinion and Order, which granted in part and denied in…”
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