59 results for 'cat:"Administrative Law" AND cat:"Government"'.
J. Wendlandt affirms the dismissal of local housing authorities’ motion for a declaratory judgment based on the local housing authorities’ belief that their state government exceeds its authority by refusing to approve employment contracts between local housing authorities and their executive directors if they don’t adhere to Department of Housing and Community Development guidelines. Guidelines are not by definition necessarily optional. Guidelines can be mandatory and the use of the term guidelines in a statute rather than mandates does not imply that the statute carries less authority than if it did use the term mandates.
Court: Massachusetts Supreme Court, Judge: Wendlandt, Filed On: November 6, 2023, Case #: SJC-13412, Categories: administrative Law, government, Housing
J. Wooton reverses the lower court's order reversing the Office of Administrative Hearings' decision revoking the motorist's drivers license for five years for driving under the influence. The trial judge erred by focusing on two chemical breath tests that failed to show the presence of any alcohol or drugs in the motorist's system over the preponderance of the evidence offered by responding law enforcement officers that the motorist displayed signs of impairment and failed two field sobriety tests. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: November 6, 2023, Case #: 22-0223, Categories: administrative Law, government, Transportation
J. Hutchison reverses the lower court's final order reversing the West Virginia Public Employees Grievance Board's decision denying the two sign language interpreters' grievance, and finding they are full-time special education teachers qualified to receive a 2019 pay increase. The interpreters' grievance is mooted by the 2021 law approving teacher pay increases at the determination of the state schools superintendent, and the judge misinterpreted the Board's 2014 decision that the interpreters are classified as "professional personnel" and not "teachers." Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: November 6, 2023, Case #: 21-0831, Categories: administrative Law, Education, government
J. Boasberg grants the Office of Federal Acknowledgment's motion to dismiss a tribe's action challenging the agency's refusal to grant it federal recognition. The tribe lacks standing to bring an unreasonable delay claim, and, although it refers to the Administrative Procedure Act, it fails to identify a final agency action it seeks to challenge.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: November 1, 2023, Case #: 1:23cv54, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, government
J. Talwani grants in part a mayor’s motion for judgment on the pleadings of a couple unhappy with their parking variance being revoked and with the placement of parking meters in front of their home. The couple’s claims related to the variance being revoked are barred by the doctrine of sovereign immunity but their claims related to the placement of the meters are not barred by the fact that a city official placed them as part of their official duty, because there is a question of whether they could have been and should have been placed elsewhere by the city official.
Court: USDC Massachusetts, Judge: Talwani, Filed On: October 20, 2023, Case #: 1:22cv11462, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, government, Zoning
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J. Jones grants the Louisiana attorney general’s request for mandamus relief seeking to vacate the district court’s remedial hearing on redistricting. The district court did not follow Supreme Court law regarding legislative reapportionment as being a matter for legislative consideration and determination. Rushing redistricting via a court-ordered map is a clear abuse of discretion for which there are no alternative challenges. Issuance of the writ is justified according to many precedents contradicting the court’s procedure.
Court: 5th Circuit, Judge: Jones, Filed On: September 28, 2023, Case #: 23-30642, Categories: administrative Law, Elections, government
J. Palafox finds a lower court ruled correctly in granting summary judgment to El Paso in a tax dispute with residents. Those residents argued there were still genuine factual disputes in this case, including their contention that tax authorities had “improperly and unlawfully” rejected payment of taxes as well as a tax protest, but the residents could not show a factual dispute after the city was able to “conclusively establish all elements of a … delinquent tax suit.” Their disputes with the city should have raised administratively, not here. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: September 28, 2023, Case #: 08-23-00004-CV, Categories: administrative Law, government, Tax
J. Klappenbach finds that the county court properly found that the city did not violate the open-meeting provisions of the Arkansas Freedom of Information Act after it removed a tax option item from the meeting's agenda. Though the citizen alleges that the process by which the option was removed from the agenda constituted “secret serial meetings” and was a “disguised vote” on each proposed ordinance, which the FOIA requires to be done in a public forum, this is not applicable to the removal of the item by consensus of the city board. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: September 27, 2023, Case #: CV-22-210, Categories: administrative Law, government, Municipal Law
J. Moritz finds that the lower court properly denied claims from the American Petroleum Institute that sought to challenge changes made in 2016 to the calculation procedures regarding royalties on oil and natural gas produced on federal lands. The changes included new features in three key valuation methods, which were gross proceeds, index pricing and default valuation. In each of those three methods, the Office of Natural Resources Revenue has shown it looked at all the relevant information and properly showed why the changes were being adopted. With no evidence of the changes being arbitrary or unlawful, the challenge to them was properly dismissed. Affirmed.
Court: 10th Circuit, Judge: Moritz, Filed On: August 25, 2023, Case #: 21-8076, Categories: administrative Law, government
J. Prost finds that the board of contract appeals improperly dismissed this contract dispute over government delays in connection with construction of a military compound in Afghanistan. Because the "sum-certain requirement is nonjurisdictional" for claims submitted under the Contract Disputes Act, the case is remanded to determine if the government has forfeited its right to challenge the satisfaction of the requirement. Reversed.
Court: Federal Circuit, Judge: Prost, Filed On: August 22, 2023, Case #: 21-2323, Categories: administrative Law, government, Contract
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
J. Rice grants the farm workers leave to file a third amended complaint for the unresolved claims affected by the 2022 final rule of the U.S. Department of Labor's prevailing wage finding methodologies, as their lawsuit claims that the agency made policy changes that drastically lowered the minimum wage of farmworkers in the H-2A temporary agricultural visa system. The farm workers contend that the agency is not prejudiced by a third amended complaint that includes already known facts, and the government department does not object to challenges to discrete aspects of its new prevailing wage finding methodology.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: July 27, 2023, Case #: 1:20cv3241, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, government, Labor
J. Baca withdraws a previous opinion and substitutes this one finding that an administrative panel ruled correctly in granting an oil and gas company tax credits after the New Mexico Taxation Revenue Department initially denied them. The TRD argued the tax credits were inappropriate on the basis that the company was allegedly performing substandard and inaccurate accounting, but "substantial evidence" shows that the company "used the same cost accounting method" in applying for the tax credit and for other business purposes. Affirmed.
Court: New Mexico Court of Appeals, Judge: Baca, Filed On: July 25, 2023, Case #: A-1-CA-38779, Categories: administrative Law, government, Tax
J. Pitman issues a preliminary injunction preventing the Texas Education Agency from enforcing some state employment requirements after the agency was sued by the spouse of a military member for violations of the Servicemembers Civil Relief Act for allegedly failing to recognize the "portability" of her school-counselor licensure from another state. The spouse has not only shown that she was harmed by these alleged failures but also that a "balance of equities" supports this finding because while Texas "undoubtedly has a strong interest in regulating the qualification and licensure of its educators," forcing compliance with the SCRA on this matter would result in "limited encroachment" on Texas' "regulatory authority."
Court: USDC Western District of Texas , Judge: Pitman, Filed On: July 21, 2023, Case #: 1:23cv551, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Education, government
J. Treadwell grants the government's motion to dismiss the companies' action under the Administrative Procedures Act alleging that the government failed to fund their applications for relief under the Restaurant Revitalization Fund because their owner was a woman. The government stopped processing applications it originally prioritized for claims by women, veterans and disadvantaged people after two lawsuits challenged the constitutionality of the practice. The fund has no money remaining for new awards and expired in March 2023, therefore the companies' requested relief is moot.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: July 20, 2023, Case #: 5:21cv221, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, government, Covid-19
J. Pulliam finds the Department of Veterans Affairs acted in an “arbitrary and capricious manner” when it reversed a decision from an administrative board in favor of a doctor who had faced allegations of medical wrongdoing following an EEOC complaint by that doctor. While that board cleared the doctor of any wrongdoing except for one minor instance where it questioned her “decision-making,” that decision was reversed by a top VA official on the dubious grounds that he “personally” felt the decision was wrong. Reversed.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: July 14, 2023, Case #: 5:22cv75, NOS: Civil Rights - Habeas Corpus, Categories: administrative Law, government, Health Care
J. Rodriguez finds a lower court erred in finding the first assistant attorney general of Texas was immune to legal complaints over his alleged efforts to undermine the 2020 election results through allegedly false evidence and specious legal claims, including the claim that “votes were switched by a glitch with Dominion voting machines.” While the commission ultimately recommended discipline for the assistant AG, he took the matter to court, where a lower court determined he should have immunity and dismissed the commission’s claims. In fact, the lower court did have jurisdiction — and the assistant AG did not have immunity — because rather than attempting to “control state action,” the commission simply aimed to “ensure Texas-licensed attorneys, including those serving in the executive department, adhere to the disciplinary rules of professional conduct.” Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 13, 2023, Case #: 08-22-00217-CV, Categories: administrative Law, Elections, government
J. Zamora finds the New Mexico Public Regulation Commission didn’t err when it denied an application from a utility company seeking to abandon interest in a power plant. The utility company had not fully complied with rules governing such abandonment, and the commission’s decision was therefore not arbitrary or capricious. Affirmed in part.
Court: New Mexico Supreme Court, Judge: Zamora, Filed On: July 6, 2023, Case #: S-1-SC-39138, Categories: administrative Law, Energy, government
[Consolidated.] J. Chasanow grants the Department of Justice its motion for summary judgment in two suits against it brought by the lawyer of a man convicted of crimes related to child pornography as the lawyer is seeking certain records under the Freedom of Information Act. A third, related suit seeks the same from the Department of Homeland Security and Immigration and Customs Enforcement. In both cases, the lawyer has not produced evidence of bad faith on the part of either the DOJ or DHS and the DOJ has done everything in its power to provide access to requested information and is granted its motion. However, DHS and ICE have not shown that the lawyer was required to exhaust any administrative remedies, so its request for summary judgment is partially denied.
Court: USDC Maryland, Judge: Chasanow, Filed On: July 5, 2023, Case #: 8:21cv1130, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: administrative Law, government
J. Yohalem finds a lower tax hearing officer ruled correctly in favor of UPS in a dispute with tax authorities over taxes allegedly owed. UPS presented “clear and cogent evidence” that a “special mileage formula” used by state tax authorities to evaluate taxes owed by multistate trucking companies “resulted in gross distortion” of UPS’s “actual business activities in New Mexico” and violated the commerce clause of the Constitution. Therefore, UPS was entitled to a reassessment of monies owed. Affirmed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: June 22, 2023, Case #: A-1-CA-38585, Categories: administrative Law, government, Tax
J. Bennett grants the U.S. Naval Department’s secretary and vice admiral their motion to dismiss with prejudice a suit against them by a sailor whom they kicked out of a Naval Academy preparatory program for bringing alcohol to his dorm and sharing it with other students, one of whom became ill. The department moves to dismiss for a lack of standing, which is warranted here, and the suit cannot proceed anyway because the Navy’s decision to kick the soldier out is nonjusticiable.
Court: USDC Maryland, Judge: Bennett, Filed On: June 21, 2023, Case #: 1:22cv2299, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, government, Military
J. Wray finds a lower tax hearing officer ruled correctly in determining that a medical staffing company should in fact be allowed to deduct “gross receipts on behalf of its nurse employees” in a dispute with tax authorities regarding relevant state statutes which the state legislature has “repeatedly amended.” The facts of this case “establish that all of the conditions” necessary to qualify for the deduction “were met,” and the hearing officer did not abuse her discretion. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: June 20, 2023, Case #: A-1-CA-39784, Categories: administrative Law, government, Tax
[Modified.] J. Ramirez alters several sentences in a previously published opinion with no change in judgment. The trial court improperly granted the petition for a writ of mandate seeking to prevent the enforcement of a county measure limiting a supervisor’s terms, as well as monthly compensation. The term limit is constitutional, and the compensation can be set by initiative. It does not violate minimum wage laws. If the trial court erred by enjoining the measure, the error is forfeited, harmless or moot. Reversed.
Court: California Courts Of Appeal, Judge: Ramirez, Filed On: June 16, 2023, Case #: E077772, Categories: administrative Law, government
J. Ramirez finds the trial court improperly granted the petition for a writ of mandate seeking to prevent the enforcement of a county measure limiting a supervisor’s terms, as well as monthly compensation. The term limit is constitutional, and the compensation can be set by initiative. It does not violate minimum wage laws. If the trial court erred by enjoining the measure, the error is forfeited, harmless or moot. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Ramirez, Filed On: May 25, 2023, Case #: E077772, Categories: administrative Law, government