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.
Historical and Revision Notes DerivationU.S. CodeRevised Statutes and Statutes at Large 5 U.S.C. 1009(d). June 11, 1946, ch. 324, §10(d), 60 Stat. 243. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of this report.
5 U.S.C. § 705 (2018)