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Transportation Division of the Intl. Assoc. - SMART v. Federal Railroad Administration
Federal Railroad Administration failed to comply with Administrative Procedure Act's notice-and-comment provisions when it issued order purporting to adopt nationwide maximum one-person crew rule for trains.
Administrative Agencies 9th Feb. 24, 2021
Gerwig v. Gordon
Showing any violation of title 17 does not rebut Evidence Code Section 664's presumption that chemical blood tests were properly conducted, yielding reliable results.
Administrative Agencies 4DCA/1 Feb. 23, 2021
Modification: City of Duarte v. State Water Resources Control Bd.
Water boards' numeric effluent limitations permit was upheld based on boards' consideration of factors under Water Code Section 13241.
Administrative Agencies 4DCA/3 Feb. 23, 2021
Ahearn v. Saul
In a Supplemental Security Income case, courts review the decision of the administrative law judge for substantial evidence.
Administrative Agencies 9th Feb. 18, 2021
Manderson-Saleh v. Regents of the University of California
Substantial compliance doctrine applied where employee's intent to assign pension beneficiary was clear despite not strictly complying with regulation for beneficiary designations.
Administrative Agencies 4DCA/1 Feb. 9, 2021
Salinas v. Railroad Retirement Bd.
United States Railroad Retirement Board's refusal to grant petitioner's request to reopen prior benefit determination was subject to judicial review.
Administrative Agencies USSC Feb. 4, 2021
Schmid v. City and County of San Francisco
Trial court properly sustained city's demurrer because authorizing removal of sculpture that had garnered significant adverse public reaction was not an abuse of discretion.
Administrative Agencies 1DCA/4 Feb. 3, 2021
City of Duarte v. State Water Resources Control Bd.
Water boards' numeric effluent limitations permit was upheld based on boards' consideration of factors under Water Code Section 13241.
Administrative Agencies 4DCA/3 Feb. 1, 2021
Axon Enterprise v. Federal Trade Commission
Under 'Thunder Basin Coal Co. v. Reich,' district court did not have jurisdiction to hear plaintiff's constitutional challenges to Federal Trade Commission's structure.
Administrative Agencies 9th Jan. 29, 2021
International Brotherhood of Teamsters v. Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration properly found that California's meal and rest break rules were preempted by federal law as applied to drivers of property-carrying commercial motor vehicles.
Administrative Agencies 9th Jan. 19, 2021
Modification: 11 Lagunita, LLC v. California Coastal Commission
There was no abuse of discretion in California Coastal Commission's $1 million administrative penalty against plaintiffs for violating Coastal Development Permit.
Administrative Agencies 4DCA/3 Jan. 11, 2021
Menges v. Dept. of Transportation
Trial court properly granted Caltrans' motion for summary judgment based upon design immunity.
Administrative Agencies 4DCA/3 Dec. 29, 2020
Ashe v. Saul
Plaintiff made sufficient 'reasonable showing' to rebut presumption that notice was received five days after Social Security Administration Appeals Council's decision affirming denial of disability benefits.
Administrative Agencies 9th Dec. 29, 2020
11 Lagunita, LLC v. California Coastal Commission
There was no abuse of discretion in California Coastal Commission's $1 million administrative penalty against plaintiffs for violating Coastal Development Permit.
Administrative Agencies 4DCA/3 Dec. 22, 2020
Malaga County Water Dist. v. Central Valley Regional Water Quality Control Board
Delegation of authority to increase appellant's permitted effluent flow discharge rate based on submission of additional technical evidence was improper delegation of authority.
Administrative Agencies 5DCA Dec. 14, 2020
Malaga County Water Dist. v. State Water Resources Control Board
Trial court improperly concluded that laches was not a valid equitable defense to penalties imposed under Water Code Section 13385.
Administrative Agencies 5DCA Dec. 14, 2020
Malaga County Water Dist. v. Central Valley Regional Water Quality Control Board
Although Regional Water Quality Control Board's procedural regulations constituted underground regulation, trial court incorrectly remanded to agency without considering whether use of those regulations was harmless.
Administrative Agencies 5DCA Dec. 14, 2020
Modification: Communities for a Better Environment v. Energy Resources
Public Resources Code Section 25531 unconstitutionally abridges superior and appellate courts' original jurisdiction to hear Energy Resources Conservation and Development Commission siting decisions.
Administrative Agencies 1DCA/4 Dec. 10, 2020
Ventura Coastal v. Occupational Safety & Health Appeals Bd.
Plaintiff should be allowed to amend its petition for writ of mandate to allege facts supporting application of equitable tolling doctrine.
Administrative Agencies 5DCA Dec. 4, 2020
Communities for a Better Environment v. Energy Resources
Public Resources Code Section 25531 unconstitutionally abridges superior and appellate courts' original jurisdiction to hear Energy Resources Conservation and Development Commission siting decisions.
Administrative Agencies 1DCA/4 Nov. 25, 2020
Modification: Communities for a Better Environment v. Energy Resources
Public Resources Code Section 25531 unconstitutionally abridges superior and appellate courts' original jurisdiction to hear Energy Resources Conservation and Development Commission siting decisions.
Administrative Agencies 1DCA/4 Nov. 25, 2020
Ortega v. Johnson
Under Manual of Policies and Procedures Section 63-603, a Department of Social Services Regulation, recipients of CalFresh benefits are entitled to have benefits restored when benefits are lost due to theft.
Administrative Agencies 2DCA/4 Nov. 19, 2020
County of Monterey v. Bosler
Trial court properly determined that agreement entered by private developer and former redevelopment agency was unenforceable under Assembly Bill 1X 26.
Administrative Agencies 3DCA Nov. 18, 2020
Lambert v. Saul
Administrative law judge correctly performed claimant's disability review without applying continuing disability presumption, but erred in failing to provide sufficient reasons for rejecting claimant's testimony about severity of her medical condition.
Administrative Agencies 9th Nov. 18, 2020
Yazdi v. Dental Board of California
Substantial evidence supported trial court's decision to deny petitioner's writ of mandate challenging Dental Board's decision to revoke his dental license.
Administrative Agencies 2DCA/1 Nov. 5, 2020
Coleman v. Saul
Administrative law judge did not err in discounting claimant's testimony based on her finding that claimant had engaged in drug-seeking behavior.
Administrative Agencies 9th Nov. 3, 2020
Deiro v. L.A. County Civil Service Commission
Civil Service Commission properly dismissed plaintiff's appeal because it had no jurisdiction to order reinstatement to a retired person whose future status as an employee is no longer at issue.
Administrative Agencies 2DCA/8 Nov. 2, 2020
Thorne v. U.S. Dept. of State
District court did not abuse its discretion in denying plaintiffs' preliminary injunction because plaintiffs did not sufficiently establish that they had been 'de facto debarred' under 22 C.F.R. Section 127.7.
Administrative Agencies 9th Oct. 27, 2020
Malott v. Summerland Sanitary Dist.
Lower court erred in requiring petitioner to exhaust administrative remedy that was inadequate to resolve petitioner's concerns.
Administrative Agencies 2DCA/6 Oct. 20, 2020
Sierra Club v. Trump
Emergency military construction authority provided by 10 U.S.C. Section 2808 did not authorize eleven border wall construction projects on the southern border of the United States.
Administrative Agencies 9th Oct. 13, 2020