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Portland General Electric Co. v. Bonneville Power Administration
Bonneville Power Administration's actions do not comply with law where it disregarded exchange program specified in Northwest Power Act.
Administrative Agencies May 11, 2007
Timothy J. v. Superior Court (People)
Juvenile court applies wrong standard in deciding question of children's competency to stand trial.
Administrative Agencies May 10, 2007
Troppman v. Gourley
License of suspected drunk driver who refused test can be suspended despite lack of proof of actual driving.
Administrative Agencies Apr. 26, 2007
Massachusetts v. EPA
Under Clean Air Act, states have standing to petition EPA to fulfill its statutory duty to regulate carbon dioxide emissions.
Administrative Agencies Apr. 5, 2007
Cequel III Communications I v. Local Agency Formation Commission of Nevada County (Truckee Donner Public Utility District)
Public utility district is authorized to supply cable television services deemed to be means of communication for inhabitants.
Administrative Agencies Apr. 4, 2007
Chevron Stations Inc. v. Alcoholic Beverage Control Appeals Board (Dept. of Alcoholic Beverage Control)
If agency's 'standard procedure' for administrative hearings violates Administrative Procedure Act, agency bears the burden of disproving violation before administrative appeals board.
Administrative Agencies Apr. 3, 2007
Chevron Stations Inc. v. Alcoholic Beverage Control Appeals Board (Dept. of Alcoholic Beverage Control)
If agency's 'standard procedure' for administrative hearings violates Administrative Procedure Act, agency bears the burden of disproving violation before administrative appeals board.
Administrative Agencies Mar. 30, 2007
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board (Quintanar)
Agency prosecutor may not communicate with agency decision maker about substance of case until final decision is made.
Administrative Agencies Mar. 29, 2007
Parra v. Astrue
Claimant bears burden of proving substance abuse is not material contributing factor to disability for purposes of receiving disability benefits.
Administrative Agencies Mar. 29, 2007
Feduniak v. California Coastal Commission
Although California Coastal Commission had not previously enforced landscaping restrictions on certain property, it may not be equitably estopped from later enforcing them.
Administrative Agencies Mar. 28, 2007
Zenith Insurance Co. v. Cozen O'Connor
Counsel retained by ceding insurer to protect interests of ceding insurer's insured does not owe duty of care to ceding insurer's reinsurer.
Administrative Agencies Mar. 22, 2007
Golden Eagle Insurance Corp. v. Cen-Fed Ltd.
If insurer does not have duty to defend insured, it also has no duty to pay award of costs on behalf of insured.
Administrative Agencies Mar. 22, 2007
Lounsburry v. Barnhart
Medical-Vocational Guidelines must be applied to claimant with exertional and non-exertional limitations, and its finding of claimant's disability is final.
Administrative Agencies Mar. 21, 2007
Paleski v. State Dept. of Health Services
State law exempts Dept. of Health Services' published drug criteria from Administrative Procedure Act.
Administrative Agencies Mar. 21, 2007
Western Watersheds Project v. Matejko
Bureau of Land Management is not required to consult with regard to its decision not to impose conditions on water diversions.
Administrative Agencies Mar. 21, 2007
Savient Pharmaceuticals Inc. v. Dept. of Health Services (Ramsell Corp.)
AIDS Drug Assistance Program formulary is regulation subject to Administrative Procedures Act.
Administrative Agencies Mar. 20, 2007
Ohton v. Board of Trustees of the California State University
Complainant must petition for writ review of administrative proceeding to establish his complaint was not 'satisfactorily addressed' as condition precedent to filing suit.
Administrative Agencies Mar. 19, 2007
California Association for Health Services at Home v. Dept. of Health Services
Home health care providers succeed on writ to compel Dept. of Health Services to conduct annual review of Medi-Cal reimbursement rates.
Administrative Agencies Mar. 19, 2007
Capen v. Shewry
Read together, Health and Safety Code Sections 1204 and 1206 require licensing of single owner surgical clinics that operate in group practice.
Administrative Agencies Mar. 14, 2007
Van v. Barnhart
Successful Social Security claimant, enforcing determination to which government consents, timely files for attorney fees within 30 days after appeal period expires.
Administrative Agencies Mar. 7, 2007
Savient Pharmaceuticals Inc. v. Dept. of Health Services (Ramsell Corp.)
AIDS Drug Assistance Program formulary is regulation subject to Administrative Procedures Act.
Administrative Agencies Feb. 16, 2007
In re Lee
Governor's denial of parole must be supported by some evidence that prisoner's release would unreasonably endanger public safety.
Administrative Agencies 2DCA/8 Feb. 5, 2007
Overaa Construction v. California Occupational Safety and Health Appeals Board (Dept. of Industrial Relations)
Appeals board did not err in finding violation of Cal/OSHA safety regulation requiring protective system for excavations.
Administrative Agencies Feb. 2, 2007
Benson v. California Coastal Commission
Notice of hearing was adequate where developer could not reasonably rely on predictions of California Coastal Commission's staff.
Administrative Agencies Jan. 29, 2007
S.D. Warren Co. v. Maine Board of Environmental Protection
In regard to operation of dams, state certifications are needed where dams raise potential for discharge.
Administrative Agencies Jan. 29, 2007
J&G Sales Ltd. v. Truscott
Bureau of Alcohol, Tobacco and Firearms possessed statutory authority to issue letter demanding that firearm dealer provide records relating to secondhand firearms.
Administrative Agencies Jan. 19, 2007
Sacks v. Office of Foreign Assets Control
Where plaintiff's challenges to travel ban and medicine restrictions sanctions fail, dismissal of complaint is proper.
Administrative Agencies Jan. 11, 2007
Agua Caliente Band of Cahuilla Indians v. Superior Court (Fair Political Practices Comm'n.
Indian tribe may not claim tribal immunity to avoid complying with reporting requirements contained in Political Reform Act.
Administrative Agencies Dec. 21, 2006
Carson v. Billings Police Dept.
District court did not abuse its discretion when it cut attorney's hourly rate and disallowed some hours.
Administrative Agencies Dec. 15, 2006
BP America Production Co. v. Burton
Dept. of Interior's Minerals Management Service properly ordered lessees to pay additional royalties for gas leases.
Administrative Agencies Dec. 15, 2006