This summer, I posted about two district court decisions that vacated the Department of Education’s rule that would impose a variety of ideological requirements for eligibility for Public Service Loan Forgiveness. The Department appealed those decisions to the D.C. and First Circuits.
Yesterday, the Department moved to dismiss its appeal in the D.C. Circuit, meaning the vacatur of the Rule will stand. Public Citizen’s statement on the dismissal is here. Given the “master calendar rule” and negotiated rulemaking requirements that apply to federal loan related regulations, if the Department sought to try again, the earliest any new rule could go into effect would be July 1, 2028.
