Administrative « Virginia Lawyers Weekly

Discharge Permit Review Standard Upheld

By Deborah Elkins
Published: January 18, 2012
Tags: Administrative, Per Curiam Opinion, Supreme Court of Virginia

The Supreme Court of Virginia upholds the Court of Appeals’ decision reversing the circuit court judgment and applying the arbitrary and capricious standard of review to the State Water Control Board’s decision to reissue a Virginia Pollutant Discharge Elimination System permit to Virginia Electric and Power Company for its North Lake Anna Nuclear Power Station.
The [...]

Local Carrier Has No Standing for Telecom Suit

By Deborah Elkins
Published: December 14, 2011
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge James A. Wynn Jr.

The 4th Circuit upholds dismissal of a suit filed by a billing agent for local telecommunications carriers against BellSouth, the incumbent local exchange carrier, as plaintiff billing agent does not have statutory standing to bring this suit.
In the Telecommunications Act of 1996, Congress attempted to deregulate all aspects of U.S. telecommunications markets, especially local markets. [...]

Black Lung Benefits for Widow Under PPACA

By Deborah Elkins
Published: December 14, 2011
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge J. Harvie Wilkinson III

A widow wins survivor’s benefits under the Black Lung Benefits Act without having to prove her coal miner husband died from pneumoconiosis, because the Patient Protection and Affordable Care Act says an eligible survivor of a miner receiving benefits at the time of death is automatically entitled to survivor benefits; the 4th Circuit rejects petitioner’s [...]

Six-Year Limitations Bars Challenge to Regs

By Deborah Elkins
Published: December 13, 2011
Tags: Administrative, Judge Gerald Bruce Lee, U.S. District Court - Eastern District

An Alexandria U.S. District Court dismisses plaintiff corporation’s challenge to the U.S. Patent and Trademark Office’s adoption in 2004 of two federal regulations the corporation says have hindered its ability to obtain and present relevant evidence in the course of certain inter partes reexamination proceedings, as the corporation’s complaint was not filed within six years [...]

Hospital Has Standing for COPN Appeal

By Deborah Elkins
Published: December 1, 2011
Tags: Administrative, Judge William G. Petty, Virginia Court of Appeals

The Court of Appeals says Reston Hospital may appeal a circuit court’s dismissal of Reston’s challenge to the State Health Commissioner’s issuance of a Certificate of Public Need authorizing Inova Health Services to provide new radiation therapy services at Inova’s Fair Oaks Hospital; Reston provides the same services, six miles away, in the same planning [...]

Court Upholds Dismissal of Parents’ Abuse Case

By Deborah Elkins
Published: November 14, 2011
Tags: Administrative, Judge Rossie D. Alston Jr., Virginia Court of Appeals

Parents who challenged emergency removal of their children after a fourth child died of neglect lose their appeal in the Court of Appeals; even assuming the initial hearing after the emergency removal was not held within five business days as required by Va. Code § 16.1-251(B), the circuit court did not err in denying the [...]

SCC Not Subject to Virginia FOIA

By Deborah Elkins
Published: November 10, 2011
Tags: Administrative, Justice LeRoy F. Millette Jr., Supreme Court of Virginia

The State Corporation Commission is not subject to the Virginia Freedom of Information Act, the Supreme Court of Virginia holds in this case of first impression.
Appellant submitted two letters to the clerk’s office of the SCC requesting information pursuant to Va. Code § 2.2-3700, et seq. For the period of 2008, appellant requested a searchable [...]

Court Approves Dealer’s Service Center

By Deborah Elkins
Published: October 17, 2011
Tags: Administrative, Fairfax County Circuit Court, Judge Jan L. Brodie, Virginia Circuit Courts

A Fairfax Circuit Court upholds the decision of the commissioner of the Department of Motor Vehicles rejecting Springfield Toyota’s challenge to Page Toyota’s plans to open a Toyota Certified Service Center (TCSC) within the same Relative Market Area (RMA) in which Springfield operates; the service center is a “franchise,” not a “dealer” that sells vehicles, [...]

No Injunction for Denial of Age Waiver

By Deborah Elkins
Published: September 27, 2011
Tags: Administrative, Judge Everett A. Martin Jr., Norfolk Circuit Court, Virginia Circuit Courts

Although a high school senior who has been denied a waiver of an age qualification rule will miss his final football season if the court does not enjoin the Virginia High School League from applying its rule, the Norfolk Circuit Court denies the senior’s request for a preliminary injunction.
Almost all of Virginia’s public high schools [...]

Hearing Tests ‘Probative,’ But No Benefits

By Deborah Elkins
Published: September 12, 2011
Tags: 4th U.S. Circuit Court of Appeals, Administrative

A longshoreman who was exposed to a variety of loud noises during his 23 years removing and installing cargo container “shoes,” or twist locks, is not entitled to disability benefits for hearing loss under the Longshore & Harbor Workers’ Compensation Act; the 4th Circuit reverses the award for claimant because the ALJ erred in awarding [...]

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