Administrative

Jan 11, 2013

Administrative – Farm Worker Rules Invalidated

North Carolina Growers Ass’n Inc. v. United Farm Workers Federal labor regulations governing farm workers, including workers on Christmas tree farms, could not be reinstated by the Department of Labor without the notice and comment period[...]

Dec 19, 2012

Administrative – Mining Act – Expert Qualifications – Agency Decision Review

Stark v. N.C. Department of Environment & Natural Resources A mining company’s permit modification was rightly approved where the agency’s decision was supported by substantial, competent evidence and was not arbitrary or capricious

Dec 19, 2012

Administrative – Mining Act – Expert Qualifications – Agency Decision Review

Stark v. N.C. Department of Environment & Natural Resources A mining company’s permit modification was rightly approved where the agency’s decision was supported by substantial, competent evidence and was not arbitrary or capricious.[...]

Dec 18, 2012

Administrative – Environmental – Tillery Dam – License – Biological Integrity – Reference Conditions

City of Rockingham v. North Carolina Department of Environment & Natural Resources Where the administrative law judge compared the effects of the re-certification of the 100-year-old Tillery Dam with the “habitat that would be available to[...]

Dec 3, 2012

Administrative – Military Health Services – Physician – Provider Status – Retroactive Revocation – Tort/Negligence – Defamation – Civil Practice – Discovery

Taylor v. United States The plaintiff-physician alleges that, when he applied to be a provider for the military health program, TRICARE, in 2004, he revealed the 1993 revocation of his New York medical license, and he was granted provider s[...]

Nov 28, 2012

Administrative – Real Property – Railroad Right-of-Way – Conversion – Indemnity – Sovereign Immunity

Maryland Transit Administration v. Surface Transportation Board The 4th Circuit upholds a federal agency’s interpretation of its regulation under the National Trails System Act to require a state agency that wants to sponsor conversion of [...]

Nov 28, 2012

Administrative – Immigration – Removal – Card-Carrying ‘Terrorist’

Viegas v. Holder An Angolan citizen cannot overturn the Board of Immigration Appeals’ denial of relief from removal, as his activities of paying monthly dues to and hanging posters for a terrorist organization disqualify him under the “[...]

Nov 19, 2012

Administrative – Environmental – Wild Animal – Possession Permit – Unauthorized

People for the Ethical Treatment of Animals, Inc. v. North Carolina Wildlife Resources Commission The only type of unspecified “other” permit that the respondent Wildlife Resources Commission (WRC) is authorized to issue is one providing[...]

Nov 13, 2012

Administrative – Immigration – Legal Resident – Waiver Eligibility

Leiba v. Holder Although petitioner, a native of El Salvador, was convicted of the aggravated felony of receipt of stolen property after entering the U.S. illegally and later obtaining permanent legal resident status, he nevertheless is eli[...]

Nov 13, 2012

Administrative – Social Security – VA Disability Rating – ‘Substantial’ Weight

Bird v. Comm’r of Social Security Administration A claimant who suffered post-traumatic stress disorder due to his combat experience in Vietnam gets another chance to win social security disability benefits, as the 4th Circuit says the ad[...]

Nov 13, 2012

Administrative – Certificate of Need – Operating Room – Teaching Hospital

Novant Health, Inc. v. N.C. Department of Health & Human Services Even though Policy AC-3 of the State Medical Facilities Plan (SMFP) allows teaching hospitals like intervenor N.C. Baptist Hospital to obtain new operating rooms that would no[...]

Nov 7, 2012

Administrative – Immigration – Credibility – REAL ID Act

Singh v. Holder Applying the provisions of the REAL ID Act to credibility findings by an immigration judge, the 4th Circuit upholds adverse credibility findings against a Sikh who claims he will be persecuted or tortured if returned to his n[...]