Here's a fun cert petition from the SG filed yesterday ( docket ):

This case presents the important question whether federal courts have the authority to universally vacate agency rules under the Administrative Procedure Act (APA), 5 U.S.C. 551 et seq., 5 U.S.C. 701 et seq. Under that statute, reviewing courts are directed that they “shall” “hold unlawful and set aside agency action, findings, and conclusions” that are “arbitrary, capricious,” or “otherwise not in accordance with law.” 5 U.S.C. 706(2)(A). The question is whether the authority to “set aside” agency actions allows federal courts to vacate agency rules as to everyone, including non-parties, and, if so, in what circumstances.

The answer is that the APA does not authorize such sweeping relief. Even if the APA authorized universal vacatur in some circumstances, universal vacatur would certainly not be an appropriate “default” remedy.

This Court should return the lower courts to their proper role under the APA.…