For the third time, the U.S. Fish and Wildlife Service will attempt to determine whether construction of the Atlantic Coast natural gas pipeline will threaten four endangered species after the conclusions in FWS’s prior opinion were found arbitrary and capricious. ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Roger L. Gregory

The company argued that, because it relied upon oral instructions from the commonwealth, it should not be faulted for failing to adhere to the written policies and procedures. The court rejected this argument, holding the rules made clear the company ...

Tagged with: Administrative Judge Teresa M. Chafin Virginia Court of Appeals

A company that wants to mine raw uranium in Virginia, but cannot because of a Virginia ban on uranium mining, failed to persuade the court that Virginia’s ban was preempted by the Atomic Energy Act, or AEA. Background Virginia Uranium ...

Tagged with: Administrative Justice Neil M. Gorsuch U.S. Supreme Court

Where a Medicare-certified home health services provider should have known, based on publicly available guidance, that certain claims it submitted were not actually covered by Medicare, the provider was required to reimburse the Department of Health and Human Services for ...

Tagged with: Administrative Judge T.S. Ellis III U.S. District Court - Eastern District

The Virginia Board of Pharmacy’s decision to approve Dharma Pharmaceuticals as a dispensary of CBD and THC-A oils was neither arbitrary nor capricious. A motion to dismiss New Age Care’s appeal of the administrative decision is granted. Ruling “The Court ...

Tagged with: Administrative Henrico County Circuit Court Judge Lee A. Harris Jr. Virginia Circuit Courts

The commissioner of the Department of Motor Vehicles correctly ruled that Tesla Motors fell within an exception to the statutory ban of motor vehicle manufacturers owning and operating a car dealership. Overview Code § 46.2-1572(4) prohibits automobile manufacturers from owning, ...

Tagged with: Administrative Judge Gregory L. Rupe Richmond Circuit Court Virginia Circuit Courts

Northrop Grumman successfully argued that an employee’s complaint was not within the scope of the Sarbanes-Oxley Act, or SOX, and she therefore could not claim whistleblower protection under the Act. An ALJ’s order in favor of the employee was vacated. ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge A. Marvin Quattlebaum Jr.

Animal rights groups were not entitled to an injunction compelling the Fish and Wildlife Service to release proactively documents related to trophy imports of African elephants and lions under the Freedom of Information Act because the act only applies to ...

Tagged with: Administrative Judge Liam O'Grady U.S. District Court - Eastern District

The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals policy established in 2012 was arbitrary and capricious because the memo explaining that decision did not identify any basis for the department’s view that the program ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Albert Diaz

A nursing home violated the quality of care regulation governing Medicaid providers when it failed to provide a medical clearance for approximately eight months so that one of its residents could undergo a necessary tooth extraction surgery. Background The West ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Stephanie Dawn Thacker