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American Federation of Government Employees v. Principi
District court may review petition by Veterans Affairs employee even though another court has exclusive jurisdiction over claims involving employees like him.
Administrative Agencies Dec. 6, 2006
R. Williams Construction Co. v. Occupational Safety & Health Review Commission
Evidence of broad neglect of safety is sufficient to support multiple OSHA violations, following fatal cave-in accident at construction site.
Administrative Agencies Dec. 6, 2006
Oregon Natural Desert Association v. U.S. Forest Service
USFS' issuance of annual operating instructions to grazing permit holders constitutes final agency action, subject to judicial review under Administrative Procedure Act.
Administrative Agencies Dec. 6, 2006
Pacific Gas and Electric Co. v. Federal Energy Regulatory Commission
Court lacks jurisdiction to review petitions challenging FERC's decision not to prosecute certain energy providers, and collaterally attacking prior FERC decision.
Administrative Agencies Dec. 5, 2006
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 Dec. 5, 2006
Animal Legal Defense Fund v. Veneman
Federal agency's abandonment of discretionary course of action may be subject to judicial review.
Administrative Agencies Dec. 1, 2006
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board (Quintanar)
Department of Alcoholic Beverage Control violated due process in conducting administrative proceedings.
Administrative Agencies Nov. 15, 2006
Verizon California Inc. v. Peevey
CPUC's decision was not arbitrary and capricious in extending status quo until new interconnection agreement was in place.
Administrative Agencies Nov. 8, 2006
New Edge Network Inc. v. FCC
Petitions challenging FCC's new rule are rejected where 'all-or-nothing' interpretation of provision of Telecommunication Act of 1996 is reasonable.
Administrative Agencies Nov. 7, 2006
PUC v. Federal Energy Regulatory Commission
In case involving challenges to orders issued by FERC, court preserves scope of existing refund proceedings and expands scope to include additional transactions.
Administrative Agencies Nov. 7, 2006
U.S. ex rel. Hendow v. University of Phoenix
Complaint is improperly dimissed where plaintiffs claimed university did not comply with requirements for receipt of federal subsidies.
Administrative Agencies Nov. 7, 2006
Anchor Lighting v. Southern California Edison Co.
Courts lacks jurisdiction to review determination by Public Utilities Commission regarding rate reductions pursuant to Electric Utilities Restructuring Act.
Administrative Agencies Nov. 6, 2006
Petropoulos v. Dept. of Real Estate
Where broker pled guilty to misdemeanor battery, Dept. of Real Estate's revocation of license is not proper.
Administrative Agencies Nov. 6, 2006
Copley Press v. Superior Court (County of San Diego)
Records of administrative proceedings involving peace officer are protected from disclosure under California Public Records Act by provisions of Penal Code.
Administrative Agencies Nov. 6, 2006
The Fitzgerald Living Trust v. United States
Forest Service had statutory authority under Federal Land Policy Management Act to impose restrictions on private landowner's access over national forest land.
Administrative Agencies Oct. 26, 2006
Webb v. Barnhart
In disability case, administrative law judge lacked substantial evidence to find that plaintiff did not have medically severe impairment.
Administrative Agencies Oct. 24, 2006
Carpenter v. Mineta
Federal Railroad Administration's determination that employee should be denied certification as locomotive engineer was proper.
Administrative Agencies Oct. 24, 2006
Davel Communications Inc. v. Qwest Corp.
Reimbursement claims of payphone service provider purchasing telecommunications services from local exchange carrier were not barred by 'filed-rate doctrine.'
Administrative Agencies Oct. 24, 2006
Northern Alaska Environmental Center v. Kempthorne
Government's environmental impact statement for oil and gas program is proper where site specific analysis was not required.
Administrative Agencies Oct. 23, 2006
Roze v. DMV
Violation of official standards in administering blood alcohol test rendered results unreliable and are thus properly accorded little evidentiary weight.
Administrative Agencies Oct. 23, 2006
Metrophones Telecommunications Inc. v. Global Crossing Telecommunications Inc.
Payphone service provider may not sue long distance carrier under statute creating automatic private right of action.
Administrative Agencies Oct. 22, 2006
Hale v. Norton
National Park Service can impose reasonable regulation even if it is found that property owners have right-of-way to park road.
Administrative Agencies Oct. 19, 2006
Nuclear Information and Resource Service v. Nuclear Regulatory Commission
Party had no standing to sue Nuclear Regulatory Commission in federal court when it failed to show concrete injury.
Administrative Agencies Oct. 18, 2006
Nuclear Information and Resource Service v. U.S. Dept. of Transportation Research and Special Programs Administration
Court of appeals had exclusive jurisdiction over challenged DOT rule regulating transportation of hazardous materials.
Administrative Agencies Oct. 18, 2006
Southern California Edison Co. v. PUC (State Building and Construction Trades Council of California)
California PUC's decision regarding prevailing wages is not proper where PUC failed to comply with law by violating its own procedural rules.
Administrative Agencies Oct. 16, 2006
Rhaburn v. Superior Court (People)
No rigid rule of vicarious, automatic disqualification due to conflict of interest for public defender whose officer previously represented witness for prosecution.
Administrative Agencies Oct. 16, 2006
The Hess Collection Winery v. California Agricultural Labor Relations Board (United Food and Commercial Workers Union)
California Agricultural Labor Relations Board properly denied petition for review of mediator's decision where interest arbitration statutes do not violate due process.
Administrative Agencies Oct. 16, 2006
PUC v. Federal Energy Regulatory Commission
In case involving challenges to orders issued by FERC, court preserves scope of existing refund proceedings and expands scope to include additional transactions.
Administrative Agencies Oct. 4, 2006
Pacific Bell Wireless v. PUC (Utility Consumers' Action Network)
California PUC's decisions against wireless communication services company did not challenge rates and were not pre-empted by federal law.
Administrative Agencies Oct. 4, 2006
Teichert Construction v. California Occupational Safety and Health Appeals Board (Dept. of Industrial Relations)
Construction company whose employee was seriously injured violated safety regulation when it failed to 'control' its earth moving operation in proper manner.
Administrative Agencies Oct. 4, 2006