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Tag Archives: Administrative

CAV: $1 million Medicaid repayment order upheld (access required)

A licensed Medicaid provider serving individuals with intellectual disabilities was ordered to repay a state agency for Medicaid reimbursements it issued, due to findings that the provider failed to submit and/or maintain required documentation to support its payment claims. Because ...

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WDVA: Servers state wage claim for “side work” time (access required)

Tipped employees at Macado’s stated a claim for unpaid wages related to untipped “side work” they were required to do. Rather than alleging a specific amount of time they spent on side tasks, it was sufficient to allege they spent ...

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4th Cir.: State water agencies’ review of pipeline effects was sound (access required)

Based on thorough analysis by Virginia’s Department of Environmental Quality, the state Water Control Board had a sufficient basis to certify reasonable assurance that the Mountain Valley Pipeline Project – and the restrictions and protective measures it included – would ...

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4th Cir.: Federal agencies’ pipeline permissions vacated (access required)

Authorizations granted by U.S. Interior Department agencies for the Atlantic Coast Pipeline were arbitrary and capricious, failing to provide required explanations for key aspects of the underlying analysis. Background The Atlantic Coast Pipeline is a 600-mile pipeline designed to transport ...

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CAV: Self-help moots remedies sought for deficient roof work (access required)

No remedy existed for condo owners who, unhappy with a roof renovation, wanted the city to inspect the work and cite the roofer.  After a second contractor made fixes, there was nothing for the city to inspect and no opportunity ...

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4th Cir.: District court couldn’t hear pipeline challengers’ suit (access required)

Congress stripped district courts’ jurisdiction to hear the claims of landowners challenging provisions of the Natural Gas Act, under which Mountain Valley Pipeline obtained administrative approval to begin construction. The district court properly dismissed their suit. Background The Plaintiffs are ...

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4th Cir.: Student’s attitude outweighed school’s IDEA violation (access required)

High school staff failed to timely respond to parents’ requests for disability testing, but an administrative fact finder reasonably concluded that the student’s poor scholastic record was caused by his frequent absences and disdain for teachers, not the violation. Background ...

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4th Cir.: Pipeline’s federal land permits invalidated (access required)

Under three environmental statutes, the Bureau of Land Management and U.S. Forest Service improperly approved rights-of-way through federal lands for Mountain Valley Pipeline’s construction and operation of the largest pipeline of its kind to cross the Jefferson National Forest. Background ...

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SCV: Civil commitment test score not result of negligence (access required)

In dismissing the Commonwealth’s civil-commitment petition, the trial court misapplied Code § 37.2-905.1. Moreover, dismissal was not supported by the evidence. Background Appellee Troy Giddens was convicted of carnal knowledge and attempted carnal knowledge in violation of Code §§ 18.2-26 ...

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4th Cir.: Agency analysis of small-refinery exemption is flawed (access required)

Despite past efforts to improve its approach, the Department of Energy’s recommended analysis of economic hardship on small fuel refineries attempting to comply with federal renewable fuel standards is facially flawed. In considering a petition for a small-refinery exemption, the ...

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