7 results for 'cat:"Administrative Law" AND cat:"Civil Procedure" AND cat:"Environment"'.
J. Moss denies the state of Florida's motion for a stay of a prior order granting partial summary judgment to environmental groups in a suit alleging that federal regulators improperly delegated permitting authority to Florida regulators, and denies its motion for final judgment while granting its alternative request for relief in the form of partial final judgment. A limited stay in this case “is neither workable nor desirable,” and would require the Court to develop a program splitting work between different agencies over those agencies’ objections and result in needless redundancy. The final judgment motion is denied because one count, regarding the Army Corps of Engineers’ retained waters list, has remaining controversies to resolve. This count, however, is substantially distinct from the other counts in its legal theory and the administrative record it involves, so final, appealable judgment is entered as to the other counts.
Court: USDC District of Columbia, Judge: Moss, Filed On: April 12, 2024, Case #: 1:21cv119, NOS: Environmental Matters - Other Suits, Categories: administrative Law, civil Procedure, environment
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
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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. Moore finds that the lower court improperly entered judgment in favor of the Alabama Department of Environmental Management officials in this declaratory judgment action concerning the validity of certain grievance procedures related to "complaints of unlawful discrimination." The lower court erred by failing to grant the landowners' summary judgment motion. The landowners demonstrated standing, and ADEM improperly adopted the grievance procedures "by an informal memorandum." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: June 23, 2023, Case #: 2200821, Categories: administrative Law, civil Procedure, environment