596 results for 'cat:"Administrative Law"'.
Per curiam, the circuit denies the NAACP's emergency motions for an injunction pending appeal of the district court’s denial of a preliminary injunction. The association seeks to enjoin appointments of judges and prosecutors to a court created by the Jackson, Mississippi Capitol Complex Improvement District. The appointments would be made by the chief justice and state attorney general, rather than by locally elected officials in the largely white district. The authority structure will remain unchanged in Jackson, and the NAACP has failed to plead a cognizable injury-in-fact to show standing.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 12, 2024, Case #: 23-60647, Categories: administrative Law, Civil Rights, Municipal Law
J. Ahuja finds that the lower court properly set aside the board's disciplinary order revoking the nurse's license for diverting opioid pain medication for her own personal use. The nurse immediately entered a rehab program after she was fired, and then went to work at a dialysis center where she had no access to opioids and was promoted twice. The board's decision ignored the circumstances of the nurse's rehabilitation, and punished her for being honest about her addiction. Reversed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: March 12, 2024, Case #: WD86087, Categories: administrative Law, Health Care
J. Wynn finds the lower improperly dismissed the estate's claims for lack of subject matter jurisdiction. The estate submitted an administrative claim to the Navy for damages, claiming that the deceased's medical complications and death were the result of substandard care she received at the Navy medical center. The government believed that the estate failed to meet the administrative exhaustion requirement because, when they submitted the administrative claims, neither of the current administrators was properly qualified as administrator of the estate. Congress has not authorized regulations that impose additional jurisdictional requirements beyond those the statute itself imposes; thus, the rules on which the government relies are non-jurisdictional. Reversed.
Court: 4th Circuit, Judge: Wynn, Filed On: March 12, 2024, Case #: 23-1011, Categories: administrative Law, Wills / Probate, Wrongful Death
J. Wyrick grants the government's dismissal motion in this lawsuit concerning an Occupational Safety and Health Administration final rule regarding "reporting requirements for injury and illness records." The trade associations challenge the rule's "reasonable reporting requirement and the anti-retaliation provision." However, they fail to establish associational standing. Accordingly, the suit is dismissed without prejudice.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: March 11, 2024, Case #: 5:17cv9, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Employment, Jurisdiction
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J. Cochran affirms the Board of Water and Soil Resources' denial of administrative appeals of orders requiring the restoration of wetlands the appellants filled with aggregate and soil. State law authorizes local government units to electronically transmit notices of their decisions unless the recipient has provided a mailing address and specified that they prefer mailing. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Cochran, Filed On: March 11, 2024, Case #: A23-0642, Categories: administrative Law, Civil Procedure, Environment
J. Connolly declines to dismiss claims alleging violations of the Controlled Substances Act after Walmart was charged with filling illegitimate prescriptions for opioids not known to be illegitimate by the pharmacists but known to be so by compliance team members. However, Walmart should be granted dismissal of two other counts based on the contention that its failure to comply with reporting requirements was not unlawful or subject to civil penalties during the relevant period.
Court: USDC Delaware, Judge: Connolly, Filed On: March 11, 2024, Case #: 1:20cv1744, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Agency
Per curiam, the Oklahoma Supreme Court reinstates Lyndon C. Taylor, who had resigned membership in the bar. The attorney has met all the procedural requirements, established he has not engaged in the unauthorized practice of law, and possesses the competency and learning in the law and good moral character required for reinstatement.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: March 11, 2024, Case #: 7550, Categories: administrative Law, Attorney Discipline
J. Tipton shoots down 21 states’ challenge to the Department of Homeland Security’s parole program that grants a “pathway for parole” in the U.S. to up to 360,000 nationals from Cuba, Haiti, Nicaragua and Venezuela each year, finding they lack standing.
Court: USDC Southern District of Texas, Judge: Tipton, Filed On: March 8, 2024, Case #: 6:23cv7, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Immigration
Per curiam, the circuit finds the district court properly dismissed claims filed by a conspiracy-based political advocacy group that alleges the government violated the constitution, as well as the Administrative Procedure Act and Privacy Act, by surveilling them with directed energy weapons and voice-to-skull technology. The court correctly concluded the claims are unlikely to succeed on the merits. Remaining preliminary injunction factors have not been briefed on appeal, and are forfeited. Affirmed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 8, 2024, Case #: 23-20342, Categories: administrative Law, Privacy, Injunction
J. Tailor finds that the lower court properly upheld the village hearing officer's decision to deny a recycling company's request for additional relocation expenses after its property was taken by the village through eminent domain. The village reasonably obtained and based its payment decision on more than one estimate, paying the company $748,000 for relocation expenses. There is no evidence that the hearing officer had any bias against the company, or that he failed to consider relevant evidence. Affirmed.
Court: USDC Southern District of New York, Judge: Tailor, Filed On: March 8, 2024, Case #: 230641, NOS: All Other Real Property - Real Property, Categories: administrative Law, Property
J. Tufte answers certified questions from the United States District Court for the District of North Dakota pertaining to North Dakota’s natural
accumulation rule, which precludes liability for injuries caused by natural accumulations of snow and ice. The questions ask "whether the accumulation rule extends to an oil well site in a rural area, and, if so, does it still apply if it conceals a condition substantially more dangerous than one normally associated with ice and snow." The court answers yes to the first question, but no to the second. The concealment aspect of snow
and ice is outside the scope of the natural accumulation rule.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: March 7, 2024, Case #: 2024ND40, Categories: administrative Law
J. Wood finds the circuit court properly denied the landowners' petition for a writ of mandamus challenging the county's tax assessment. The county, after a certain time of assessing the owner's timberland as agricultural without structures, learned of a structure that had been built and increased the taxes. The owner's husband represented her without authorization to practice law and, therefore, the petition is a nullity as to her claims. The husband also has not exhausted his administrative remedies. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: March 7, 2024, Case #: CV-23-511, Categories: administrative Law, Remedies, Tax
J. Baker finds the circuit court improperly reduced the restored building owner's tax obligation to $0. The Department of Arkansas Heritage issued a $125,000 state income tax credit to the owner, who used a portion to pay certain taxes, then sought review of the assessor's adjustment. The circuit court concluded that certain statutes regarding the limits of a rehabilitation credit conflict and ordered the tax obligation reduced to $0, allowing the owner to carry forward the unused portion of the credit for five years. The court incorrectly determined the credit must be applied after apportionment and erroneously determined the statutes conflict. Reversed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: March 7, 2024, Case #: CV-23-412, Categories: administrative Law, Construction, Tax
J. McKeig reverses the Court of Appeals' finding that the Bureau of Mediation Services had appropriately weighed the statutory factors of the Public Employment Labor Relations Act, that it was authorized to consider over-fragmentation of bargaining units and that it had not departed from normal procedure in analyzing the police union's petition to determine an appropriate bargaining unit. The Bureau improperly gave controlling weight to its policy preference to certify only four basic county bargaining units, which is not found in PELRA. Reversed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: March 6, 2024, Case #: A22-0911, Categories: administrative Law, Labor / Unions
J. Grogan finds the circuit court properly granted summary judgment to the commerce lobby and dry cleaning business in their lawsuit challenging certain regulations put in place by the natural resources agency regarding PFAS and other contaminants. The agency's policies for PFAS and other "emerging contaminants" fall under the statutory definition of "rules" according to the five-factor test established by Wisconsin Supreme Court precedent, and the rules are invalid and unenforceable because the agency did not put them through statutorily required rule-making procedures under state law which, among other things, give parties affected by the rules proper notice of how the law is to be implemented. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Grogan, Filed On: March 6, 2024, Case #: 2022AP000718, Categories: administrative Law, Environment, Agency
J. Ginsburg upholds the district court's dismissal of an environmental group's challenge to two rules that delayed the effective date of a proposed rule that would have reduced the amount of land designated as critical habitat for an endangered species of spotted owl. The group's claims became moot when the two rules expired. Affirmed.
Court: DC Circuit, Judge: Ginsburg, Filed On: March 5, 2024, Case #: 22-5216 , Categories: administrative Law, Environment
Per curiam, the Oklahoma Supreme Court approves Guy Wade Jackson's resignation pending disciplinary proceedings. An emergency application for citation for indirect contempt of court was filed based on the attorney's continuous refusal to obey court orders related to attempts to collect judgments for $73,000 and $208,000, and an arbitration award for $9.9 million. The judgments and award were imposed for the attorney's misconduct involving his representation of several clients and trust beneficiaries. His affidavit of resignation was freely and voluntarily rendered.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: March 4, 2024, Case #: SCBD-7581, Categories: administrative Law, Arbitration, Attorney Discipline
J. Fujisaki finds that the Department of Toxic Substances Control was within its discretion to classify violations at an oil and hazardous waste treatment facility as Class I violations. Class I violations are not limited to significant threats to human health or safety or the environment, but may also include operational deviations that might result in failures to accomplish the objectives enumerated in the Hazardous Waste Control Law, such as the ability to perform emergency cleanup operations or to ensure adequate financial resources to shut down a facility. Affirmed.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: March 4, 2024, Case #: A166575, Categories: administrative Law, Environment
Per curiam, the circuit denies the Honduran national's petition for review. After the Board of Immigration Appeals affirmed the denial of his application for asylum, the immigrant sought to apply for adjustment of status based on his marriage to a U.S. citizen. Though the immigrant demonstrated a credible fear of persecution or torture if returned to Honduras, and was paroled for temporary entry, he was ordered removed for seeking entry without valid documents. He has not demonstrated eligibility for an adjustment of status since, as conceded, he is inadmissible.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 4, 2024, Case #: 23-60022, Categories: administrative Law, Immigration, International Law
J. Rogers reverses, in part, the district court's finding for the Secretary of the Department of Commerce on a group of commercial fishers' challenge to a final rule that modified the allocation of red group between the recreational and commercial sectors. The Fisheries Service must address whether the economic analysis used to support the final rule is sufficiently different than the one used to support a formerly discredited final amendment.
Court: DC Circuit, Judge: Rogers, Filed On: March 1, 2024, Case #: 23-5026 , Categories: administrative Law, Commerce, Environment
Per curiam, the circuit grants, in part, 16 states’ and a group of industries’ petition for review of the Environmental Protection Agency's demand the states revise their state implementation plans under the Clean Air Act. They have sufficiently supported their claims the state implementation plan-call order must be vacated based on automatic exemptions, director's discretion provisions and affirmative defenses that are functionally exemptions.
Court: DC Circuit, Judge: Per curiam, Filed On: March 1, 2024, Case #: 15-1239 , Categories: administrative Law, Environment
J. Snauffer finds that the trial court improperly invalidated a regulatory notice issued by the Geologic Energy Management Division which requires oil operators to cease operations if a "surface expression" appears outside of a wellbore as a result of injection operations. The regulations are consistent with the Public Resources Code and with the Division's mandate to promote health and safety. They are supported by substantial evidence that human life is endangered by the appearance of oil, water, steam, gas, formation solids or debris within 150 feet of a well. Vacated.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: March 1, 2024, Case #: F085832, Categories: administrative Law, Energy, Environment
J. Funke finds the Commission of Industrial Relations improperly clarified that corrections unit case managers are included in the protective services bargaining unit. As the bargaining representative for the unit, the police lodge sought clarification after the role of bargaining representative was changed from the association of public employees to the lodge. As supervisors, case managers are excluded from the bargaining unit under the Industrial Relations Act. The commission did not make any findings of fact before effectively giving preclusive effect to the order changing the representative. Reversed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: March 1, 2024, Case #: S-22-748, Categories: administrative Law, Civil Procedure, Labor / Unions
J. Mazzant denies the gun owner's motion to reconsider and modify a judgment in a challenge to an ATF final rule that establishes criteria used to determine whether stabilizing braces convert pistols into short-barreled rifles that are fired from the shoulder. The gun owner is not entitled to a preliminary injunction since he has not shown a substantial likelihood he will succeed on his claims, including that the rule violates the Second Amendment. Also, he is not likely to suffer irreparable harm because the rule is currently stayed nationwide.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 1, 2024, Case #: 4:23cv80, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Constitution, Firearms
J. McLeese finds that, although the Office of Administrative Hearings properly determined a company is subject to regulation by the D.C. Department of For-Hire Vehicles, the cease-and-desist order issued against the company must be reversed. The company's activities fall under the Taxicab Commission Establishment Act; however, the department failed to show the company's failure to register impeded its ability to monitor the company's activities. Reversed in part.
Court: DC Court of Appeals, Judge: McLeese, Filed On: February 29, 2024, Case #: 21-AA-0751 , Categories: administrative Law, Licensing, Vehicle