597 results for 'cat:"Administrative Law"'.
J. Lazar finds the circuit court improperly ruled in favor of the school sports organization in a lawsuit from a high school wrestler appealing orders that effectively stripped him of his 2019 state title and eliminated other results from his wrestling season in part because he participated in a varsity regionals match when the organization had declared he had to serve a suspension for previous unsportsmanlike conduct. In the wrestler's case, the organization applied its suspension rules in an "arbitrary, oppressive or unreasonable manner," in part by determining that the wrestler could not serve out his suspension by sitting out a junior varsity invitational instead of varsity regionals because that would be an attempt to "circumvent" its rules. This decision by the organization was "one of its will, not its judgment," and the circuit court's order is reversed and a permanent injunction is entered reinstating the wrestler's state title and other results. Reversed.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: February 28, 2024, Case #: 2021AP001525, Categories: administrative Law, Agency
Per curiam, the appellate division finds that the city administrative office improperly imposed penalties on the building owner for illegally converting a unit to transient use. This determination was not supported by substantially evidence as there was no testimony or evidence presented to support the city's claim. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 28, 2024, Case #: 01008, Categories: administrative Law, Property
J. Kirsch rules for the department of commerce in claims contending the department failed to properly appoint members of its mid-Atlantic council in promulgating a rule that alters allocation of black sea bass, summer flounder, and scup between recreational and commercial sectors. Cases cited by commercial fishermen did not involve standing to sue the council or agency over the rule, and states have not written their own rules in a way that prevents federal cuts from harming them. Meanwhile, the policy language indicates the region in which each council can make recommendations, not the region over which each council has authority.
Court: USDC New Jersey, Judge: Kirsch , Filed On: February 28, 2024, Case #: 3:22cv7360, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Trade
J. Mesiwala finds that the trial court erred in holding that a state tax imposed on the value of a bundled cell phone contract violates statute. The tax regulation properly allocates a part of the bundled contract price to the cell phone's full price, even if the cell phone's price is discounted as part of a bundle that includes wireless service. The regulation resulted from a process that complied with the Administrative Procedures Act. Reversed in part.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: February 27, 2024, Case #: C093763, Categories: administrative Law, Tax
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J. Baker finds that the district court improperly revoked a permit to build and operate a copper mine next to a tributary of the Smith River. The Department of Environmental Quality satisfied both the Metal Mining Reclamation Act and the Environmental Policy act in approving the mine operator's proposed cemented tailings facility. The department also conducted a rational evaluation of the impact of nitrogen discharges into the tributary. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: February 26, 2024, Case #: DA 22-0406, Categories: administrative Law, Environment, Property
J. Guidry finds that the lower court properly affirmed a decision of the civil service board that upheld the officer's termination after an incident in which she was found outside of a bar in her marked police vehicle and could not drive home due to being intoxicated. The fired officer claimed the incident resulted from her use of prescribed antidepressant medication and having a few drinks, but the record supports the finding that she violated departmental policy and that her termination was done in good faith and for cause. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: February 23, 2024, Case #: 2023CW0880, Categories: administrative Law, Employment, Experts
J. Blanchard finds the circuit court properly denied the inmate's petition for a writ of certiorari in his challenge to sanctions of disciplinary separation and restitution ordered by the prison disciplinary committee for possession of intoxicants and use of intoxicants that required an ambulance to take him to the hospital. Despite the inmate's claim of delays that were out of his control, the record shows he failed to submit all the necessary administrative documents relevant to his case within 45 days of the state corrections secretary's adverse decision on his inmate complaint, making his challenge untimely under statutes and giving the circuit court authority to dismiss his petition. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Blanchard, Filed On: February 22, 2024, Case #: 2022AP001076, Categories: administrative Law, Prisoners' Rights
J. Beeler grants the USDA's motion to dismiss claims from a group of nonprofits regarding rules to chicken-slaughter line speeds allowed at certain slaughterhouses. The nonprofits challenged new waiver rules laid out in 2018 that could allow for chickens to be slaughtered at 175 chickens per minute, but since then, the USDA has had a change of leadership and those waiver rules were set aside. Given the changed landscape and the fact the waivers are not in place anymore, the groups lack standing to continue their suit.
Court: USDC Northern District of California, Judge: Beeler, Filed On: February 22, 2024, Case #: 3:20cv1395, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Agency
J. Gleason denies oil and gas lease holders' motion to alter the judgment and motion to vacate the court's order dismissing their claims with prejudice. The lease holders asserted that the government's moratorium on activities related to the oil and gas leases in order to conduct supplemental environmental review caused loss of revenue and employment opportunities that would have come from development of the leases. The moratorium temporarily prevented the lease holders from developing its leases, and the leases were not “cancelled, rescinded, nullified, or otherwise undone.”
Court: USDC Alaska, Judge: Gleason, Filed On: February 22, 2024, Case #: 3:21cv245, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Environment
Per curiam, the court of appeals issues a contempt citation and sanctions against the court reporter. The reporter failed to complete a record on more than one occasion, even after a writ of certiorari had been issued. The special master recognized the reporter had assumed additional duties during the Covid-19 pandemic, that she had been unable to resolve the situation despite her efforts, and that she later resigned from her position. Though the special master did find that some circumstances of her employment were unique, this did not justify her failure to comply.
Court: Arkansas Court Of Appeals, Judge: Per curiam, Filed On: February 21, 2024, Case #: CR-23-191, Categories: administrative Law, Contempt, Covid-19
J. Harrison finds the county court improperly refused to enter judgment for the father's arrearage of $15,000 and $18,000 in interest under a registered support order from Alaska. Though the court concluded the arrearage was no longer collectable under the Uniform Interstate Family Support Act, the record includes undisputed evidence of the father's obligations, demonstrating he was in arrears. Collection procedures are provided by the law of the state where the support order is registered. There are no limitations on the enforcement of child support judgments in Arkansas, and, therefore, the enforcement office's attempt to enforce the arrearage was timely. Reversed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: February 21, 2024, Case #: CV-23-120, Categories: administrative Law, Debt Collection, Family Law
Per curiam, the appellate division finds that the lower court properly declined to reserve the housing agency's decision to retroactively remove a rent reduction order retroactive to 2020 rather than 1989. The order was entered following a fire at the apartment in 1987, but the landlord did not submit an application for rent restoration until 2020, at which point it proved the apartment was once again habitable. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 20, 2024, Case #: 00853, Categories: administrative Law, Housing
J. Calabretta denies, in part, California Air Resources Board officials’ motion to dismiss two railroad associations’ challenges to new locomotive regulations. The associations have sufficiently pleaded their claims related to idling requirements, reporting and recordkeeping requirements, and an administrative payment provision.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: February 16, 2024, Case #: 2:23cv1154, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Environment, Transportation
J. Gleason denies registered guides' motion for a temporary restraining order regarding the award of a U.S. Fish and Wildlife Service-issued permit to guide commercial big game hunting on federal lands within Kodiak National Wildlife Refuge to another party. The registered guides allege that without the temporary restraining order, their "clients will be precluded from obtaining brown bear tags for hunting on Native lands," while the other party's permit would allow others to receive all of the brown bear tags for the area in question. The guides' "purported injury is speculative and does not demonstrate a likelihood of irreparable harm."
Court: USDC Alaska, Judge: Gleason, Filed On: February 16, 2024, Case #: 3:24cv36, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Restraining Order
[Consolidated.] J. Cassel finds the county court properly determined the sanitation district cannot levy a special assessment on property adjacent to, but not located within, its boundaries. A particular statute argued by the district authorizing a levy where exempt property has been “specially benefitted” by the district applies only to “property by law not assessable," and not to that outside the district. No reversible error is found as to the district's making a condemnation taking of part of the property or the jury's award to the owner for that taking. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: February 16, 2024, Case #: S-22-688 , Categories: administrative Law, Municipal Law, Property
J. Garcia dismisses as moot a nonprofit's challenge to the Federal Energy Regulatory Commission's grant of an energy company's request for a ruling that it's planned facility, which was to be built in Port St. Joe, Florida, fell outside the agency's regulatory jurisdiction. The company is not longer planning to build the facility.
Court: DC Circuit, Judge: Garcia, Filed On: February 16, 2024, Case #: 22-1251 , Categories: administrative Law, Energy
J. Edwards upholds the district court's dismissal of a medical company's case challenging the Centers for Medicare and Medicaid Services' issuance of two technical letters instructing Medicare contractors to deny reimbursement for claims for products manufactured by the company. The agency has rescinded the letters. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: February 16, 2024, Case #: 23-5020 , Categories: administrative Law, Health Care, Medicare
J. Connolly affirms the commissioner of health's determinations that the assisted-living facility operator maltreated and failed to provide appropriate care to a resident. The resident's 11 falls in the facility, including one in which she broke her leg and one which led to her death, and the facility's failure to review or update her care plan after any of these falls are sufficient evidence to support those determinations, and an investigator was not required to offer any alternative interventions to prove maltreatment. Attempts to impeach the credibility of the investigator also fail. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: February 14, 2024, Case #: A23-0678, Categories: administrative Law, Elder Abuse
Per curiam, the appellate division finds that the administrative judge properly found the nurse committed category two neglect while caring for adults with developmental disabilities at a registered facility. The evidence supported the finding that the nurse failed to follow the medication protocol by not administering anti-seizure medication to a resident following her third seizure. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 14, 2024, Case #: 00766, Categories: administrative Law, Health Care
J. Contreras dismisses two individuals' putative class claims against the Chair of the Equal Employment Opportunity Commission, in which they say the EEOC has failed to enforce judgments entered in their favor against the Air Force and National Guard Bureau. Contrary to their claims, the EEOC has no clear duty to act to enforce the orders, and also has no duty to refer their cases to either the attorney general or the Office of Special Counsel.
Court: USDC District of Columbia, Judge: Contreras, Filed On: February 13, 2024, Case #: 1:22cv3246, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Class Action, Labor
J. Kleeh grants the regulatory agency's motion for summary judgment in the company's complaint alleging the Fish and Wildlife Service (FWS) denied its application for an incidental taking permit to harvest timber by keeping the application in "perpetual administrative limbo." Based on the administrative record as a whole, the company is largely to blame for the permit being in limbo since it stopped cooperating with FWS on developing a habitat conservation plan, which is the second part of the four phases required to receive permit approval.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: February 12, 2024, Case #: 2:22cv7, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Environment, Government
J. Duarte finds that the trial court erred in holding that the Privacy Rights Act of 2020 could not be enforced until one year after the Privacy Protection Agency finalized the promulgation of Act regulations. The Act does not mandate a one-year delay between approval of regulations and enforcement, even where the Agency failed to timely approve final regulations. Vacated.
Court: California Courts Of Appeal, Judge: Duarte, Filed On: February 9, 2024, Case #: C099130, Categories: administrative Law, Privacy
J. Salter entered answers concerning Governor Kristi Noem's request for advisory opinion on nine individual and fact-specific questions concerning the constitutional restriction upon legislators. The Governor's nine questions addressed a range of issues on legistlative restriction topics including contracts, employment status and retirement compensation.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: February 9, 2024, Case #: 2024SD11, Categories: administrative Law
J. Kacsmaryk denies, in part, the government's motion to dismiss four individuals' claims arising from its alleged provision of funding to the West Bank and Gaza, which benefits the Palestinian Authority. They have standing and plausibly allege the government is violating the Taylor Force Act.
Court: USDC Northern District of Texas , Judge: Kacsmaryk, Filed On: February 8, 2024, Case #: 2:22cv241, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Constitution, International Law