597 results for 'cat:"Administrative Law"'.
Per curiam, the court of civil appeals finds that the lower court properly entered a judgment "affirming a final decision of a county board of adjustment," which overturned the issuance of a land-use certificate. The appellants are land owners that had sought the certificate to construct lodging on property "just north of an existing marina." The board had jurisdiction to hear the appeal, and its decision was "supported by the evidentiary record and the pertinent zoning ordinance." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: August 11, 2023, Case #: CL-2022-0697, Categories: administrative Law, Real Estate, Zoning
J. Booth reverses the lower court’s decision to vacate and remand allegations of environmental regulation violations to the Maryland Department of the Environment regarding its issuance of water and ammonia control permits to Animal Feeding Operations (AFOs) and asserts the department’s compliance with the federal Clean Water Act standards. An environmental advocacy group sued the state agency to tighten pollution regulations on AFOs. The department appealed to the intermediate court and, concurrently, the group petitioned this court, which agrees with the department that its pollution regulations as to AFOs comply with the Clean Water Act and do not need revision.
Court: Supreme Court of Maryland, Judge: Booth, Filed On: August 9, 2023, Case #: 482915V, Categories: administrative Law, Environment, Government
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[Consolidated.] J. Albright denies Apple’s motion for a stay after it was sued by a competitor for alleged infringement of a variety of patents. The U.S. Patent Trial and Appeal Board is currently reviewing some of these patents, and while waiting for resolution of these proceedings would somewhat simplify the issues in the case, the patent board has already “denied institution” on some of Apple’s inter partes reviews, meaning that some of the patent claims will “still need to be resolved by this Court” regardless.
Court: USDC Western District of Texas , Judge: Albright, Filed On: August 8, 2023, Case #: 6:21cv603, NOS: Patent - Property Rights, Categories: administrative Law, Civil Procedure, Patent
J. Flaum finds that the lower court properly dismissed two individual's claims against the Director of Illinois' Department of Employment Security stemming from their unprocessed applications for unemployment benefits that left them benefit-less through the Covid-19 pandemic. Mandamus provides an adequate state-law remedy in this case, so the individuals fail to make a valid claim for federal procedural due process violations. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: August 7, 2023, Case #: 22-2859, Categories: administrative Law, Due Process, Agency
J. Gleason denies companies' and the state's motion for summary judgment regarding a moratorium on oil and gas leases while a supplemental environmental review is conducted. The state argues that the moratorium violates the Administrative Procedure Act, because it was put in place without first allowing public commentary, and seek a permanent injunction vacating the moratorium. "A temporary moratorium on post-sale oil and gas activities on the Coastal Plain is 'well within the government’s authority.'” The moratorium does not violate the Administrative Procedure Act.
Court: USDC Alaska, Judge: Gleason, Filed On: August 7, 2023, Case #: 3:21cv245, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Environment
J. Donato grants judgment to the cell phone company and against the California Public Utilities Commission in an action brought by the phone company seeking a declaration that two Commission resolutions governing the calculation of surcharges on the phone company's revenues from intrastate service are preempted by federal law. The majority of the services that the resolutions would have imposed surcharges on are not surchargeable under the FCC's safe harbor provisions, and the Commission's enforcement of the resolutions would disproportionately impact the phone company in comparison to its competitors, thus conflicting with the FCC's competitive-neutrality requirement.
Court: USDC Northern District of California, Judge: Donato, Filed On: August 4, 2023, Case #: 3:17cv5959, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, Communications, Preemption
[Consolidated.] J. Childs denies and dismisses, in part, two utilities' petitions for review challenging the Federal Energy Regulatory Commission's approval of more than $18 million in upgrade charges. The commission's decision to rely on extrinsic evidence to determine the tariff at issue allows for a certain methodology was not arbitrary and capricious, and the utilities failed to exhaust their administrative remedies for their claim related to an alleged violation of the filed rate doctrine.
Court: DC Circuit, Judge: Childs, Filed On: August 4, 2023, Case #: 20-1429 , Categories: administrative Law, Energy
J. Jabar finds that the lower court improperly affirmed a decision of a city's zoning board of appeals that dismissed an appeal for lack of standing. The board of appeals erred when it determined that the nonprofit lacked standing to appeal the issuance of certain permits related to an aquaculture project. Specifically, the board failed "to consider the entire record" when making the standing determination. Also, the facts in the record show that the nonprofit was an aggrieved party. Vacated.
Court: Maine Supreme Court, Judge: Jabar, Filed On: August 3, 2023, Case #: 2023ME43, Categories: administrative Law, Civil Procedure, Environment
J. Lynch finds that the lower court properly dismissed a petition challenging a town's notice of violation when construction began at a vineyard without needed permits and site-plan approval. Judicial review was premature because the vineyard's owners failed to exhaust their administrative remedies first. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: August 3, 2023, Case #: CV-22-2293, Categories: administrative Law, Zoning
J. Anderson partially reverses the Court of Appeals' decision on a Clean Water Act permit for the proposed copper-nickel mine. The Minnesota Pollution Control Agency's issuance of the permit was arbitrary and capricious, with several "danger signals" suggesting that it did not adequately consider the potential of a proposed mine to cause or contribute to an exceedance of water quality standards within the Lake Superior watershed. The permit also does not comply with a state law prohibiting discharge of industrial waste to the groundwater "unsaturated zone," but a prohibition on injecting polluted water directly to the groundwater "saturated zone" for long-term storage does not apply. The permit is remanded to the Minnesota Pollution Control Agency for further proceedings. Reversed in part.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: August 2, 2023, Case #: A19-0112, Categories: administrative Law, Environment
J. Urias denies a racehorse trainer’s motion for remand after he sued the head of the New Mexico Racing Commission and others for civil rights claims. The trainer said they had suspended his license and taken other actions against him for allegedly doping his horses without giving him the opportunity to defend himself. While some parties in this case in this may have waived their right to removal given the case’s litigation history, they did not waive their “right to consent to removal by the later-served defendants.”
Court: USDC New Mexico, Judge: Urias, Filed On: August 2, 2023, Case #: 1:22cv740, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, Civil Rights, Jurisdiction
J. Winchester, under previously assumed jurisdiction, approves the turnpike authority’s application to approve revenue bonds to finance the construction of three turnpike projects, update and repair turnpike facilities and infrastructure, refund prior revenue bonds and notes, and pay other costs. Protestants say that the authority was statutorily allowed one bond issue for the entire construction of four turnpikes. Since the authority did not previously construct the entire loop from the first bond issue, the protestants contend that it is barred from issuing any more bonds. The relevant title provides that if the court is satisfied that the bonds have been properly authorized in accordance with the Oklahoma Highway Code, it shall approve the revenue bonds. This is in keeping with 30 years of precedent. The authority has properly exercised its authority to determine the routes and has legislative authority to issue additional bonds. Affirmed.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: August 1, 2023, Case #: 120619, Categories: administrative Law, Construction, Municipal Law
J. Wilkins vacates the Federal Mine Safety and Health Review Commission's decision that a mine inspector's citations to an independent trucking company located near one of its client's mining sites were invalid under the Mine Act. The commission erroneously interpreted the terms "mine" and "operator" under the Act, and the case must be remanded to allow the Secretary of Labor to interpret the Act's ambiguous language. Vacated.
Court: DC Circuit, Judge: Wilkins, Filed On: August 1, 2023, Case #: 22-1071 , Categories: administrative Law, Energy
J. Jackson-Akiwumi finds that the lower court properly dismissed a woman's challenge to the DEA's seizure of $33,000 in cash she was carrying at Chicago's O'Hare airport. The woman failed to timely challenge the DEA's determination that the cash was forfeited due to its link to illegal drug activity. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: August 1, 2023, Case #: 22-2087, Categories: administrative Law, Agency, Forfeiture
[Consolidated.] J. Walker denies two transmission owners and a utility company's petitions for review of the Federal Energy Regulatory Commission's approval a change to a transmission-funding regime. The commission considered the appropriate factors and created a fair regime by allowing participants to work together to choose and fund new projects.
Court: DC Circuit, Judge: Walker, Filed On: August 1, 2023, Case #: 22-1221 , Categories: administrative Law, Energy
J. Lowy reverses a judgment denying an estate representative appointment proceedings because they fall outside the three-year limit from the decedent’s death that they are supposed to be filed within. However, the position of voluntary personal representative is a prior appointment, and is an exception to the time limit as a result. Reversed and remanded.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: July 31, 2023, Case #: SJC-13393, Categories: administrative Law, Wrongful Death
J. Kelley denies a satanic group’s motion for summary judgment against Boston for not allowing the group to be the selected member of the public to give a few words at the beginning of a city council meeting. The group claims their First Amendment rights were violated but this is not the case because the selection of a speaker is based on city counselors’ relationships with members of their districts. The satanic group was not chosen not due to its religious beliefs, but based on a preference for others the city saw as more active in their community and in serving their constituents.
Court: USDC Massachusetts, Judge: Kelley, Filed On: July 31, 2023, Case #: 1:21cv10102, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, First Amendment
[Consolidated.] J. Henderson denies a solar generation facilities developer's petitions for review of the Federal Energy Regulatory Commission's approval of a transmission service agreement that will apply transmission system upgrade costs to one public utility that will then pass through the charges to the developer. The commission's decision that the costs should be applied to the sole benefitting customer rather than spread among all customers is supported by substantial evidence.
Court: DC Circuit, Judge: Henderson, Filed On: July 28, 2023, Case #: 22-1108 , Categories: administrative Law, Energy
J. Millett reverses the district court's decision to overturn an administrative law judge's determination an individual was ineligible for supplemental security income due to a disability per new rules adopted by the Social Security Administration. Contrary to the district court's finding, the rules were not retroactively applied. However, the administrative law judge improperly analyzed proof from the individual's doctor; therefore, the case must be remanded. Reversed.
Court: DC Circuit, Judge: Millett, Filed On: July 28, 2023, Case #: 22-5050 , Categories: administrative Law, Social Security