37 results for 'cat:"Administrative Law" AND cat:"Agency"'.
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. 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. Katsas upholds the dismissals of six individuals' actions seeking compensation from a fund for non-French nationals who were deported from France to concentration camps during the Holocaust. The Administrative Procedure Act does not provide them a cause of action, as the Department of State has discretion to administer the fund.
Court: DC Circuit, Judge: Katsas, Filed On: July 18, 2023, Case #: 22-5068 , Categories: administrative Law, agency
J. Grassl Bradley finds the court of appeals improperly reversed the circuit court's order affirming the state claims board's decision to award the citizen $25,000 after he sought more than $5.7 million for being wrongfully imprisoned for 26 years for murder as a party to a crime even though he was innocent, having participated in an assault of the victim before the murder but not the murder itself. Even though the claims board is on the record saying the citizen was innocent of the murder charge, the relevant statute does not require the claims board to submit a report to the state legislature arguing for more than the $25,000 statutory maximum compensation if it does not find that amount adequate, nor is it required to address the citizen's claim for further damages in its final decision. Because the board did not find $25,000 to be inadequate, and because nothing in the law requires it to make a specific adequacy finding or take further action to explain its decision-making, the citizen's appeal for a re-hearing fails. Reversed.
Court: Wisconsin Supreme Court, Judge: Grassl Bradley, Filed On: June 30, 2023, Case #: 2021AP000373, Categories: administrative Law, agency
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J. Bastian finds in favor of the environmental organization for its claim against the government agency's 2019 adoption of a forest management plan for the Colville National Forest, which will open 63% of the Colville National Forest to logging. The U.S. Forest Service violated the National Forest Management Act by not adequately explaining how the 2019 forest plan maintains the viability of old-growth dependent species, because the agency did not demonstrate how its data and methodology reliably and accurately supported this argument, and it did not provide a meaningful assessment of the amount and quality of old-growth habitat.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: June 21, 2023, Case #: 2:21cv161, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Environment, agency
J. Hoffstadt finds the trial court properly dismissed this class action brought against the previously dissolved district alleging its failure to provide potable drinking water. The district had been dissolved for incompetence and the Reorganization Act grants discretion to the Local Agency Formation Commission to permit it to appoint a successor agency responsible for winding up the district’s affairs. The county is immune and the district is legally nonexistent. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: May 25, 2023, Case #: B317653, Categories: administrative Law, Water, agency