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Tag Archives: Administrative

Attorneys’ fees denied where suit did not alter defendant’s action (access required)

It remains uncertain whether the “substantially prevailing standard” to recover attorneys’ fees under the Clean Water Act, or CWA, allows a party to obtain fees if through litigation it obtains some of the relief sought – judicially sanctioned or otherwise. ...

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Veterans’ organization lacks standing to challenge lack of online access to records (access required)

Where the government removed prior decisions involving corrections to military records from a website, but still made them available upon request, a veterans non-profit organization lacked standing to challenge the removal because it could still fulfill its mission. Furthermore, the ...

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Tariff provides federal jurisdiction, dooms complaint (access required)

An “artfully pleaded” complaint for damages that asserted only state law claims was nevertheless removable to federal court because it sought to alter the terms of a tariff filed with the Federal Energy Regulatory Commission, or FERC. That same tariff ...

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County cannot ‘halt’ federally approved pipeline project (access required)

Where the Federal Energy Regulatory Commission, or FERC, authorized the construction of an interstate natural gas pipeline, Nelson County could not “halt” construction by arguing the project violated local environmental regulations. Instead, the county’s floodplain regulations were preempted because they ...

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School Board provided required education to minor (access required)

A hearing officer’s conclusion that the Loudoun County School Board provided a 9-year-old student with a free appropriate public education, or FAPE, required by the Individuals with Disabilities Education Act, or IDEA, was not erroneous. Background Plaintiffs Kewin and Elizabeth ...

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FERC action is trigger for statute of limitations (access required)

Where the Federal Power Act, or FPA, requires the Federal Energy Regulatory Commission, or FERC, to take steps before it can bring claims against those charged with manipulation of the energy markets, the five-year statute of limitations for filing suit ...

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Board erred in awarding permit for Union Hill compressor station (access required)

Where the Virginia Air Pollution Control Board failed to provide a rational explanation as to why it awarded a construction permit for a compressor station in the historic community of Union Hill, reasons offered during litigation were insufficient as a matter ...

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