**Can a Federal Court Vacate a Regulation Without First Concluding It Was Unlawful?**

A Ninth Circuit opinion concludes that when a federal agency seeks a voluntary remand of a contested rule, that is not enough to vacate the regulation.

Comments: https://reason.com/volokh/2023/02/21/can-a-federal-court-vacate-a-regulation-without-first-concluding-it-was-unlawful/#respond

https://reason.com/volokh/2023/02/21/can-a-federal-court-vacate-a-regulation-without-first-concluding-it-was-unlawful/