Where the State Corporation Commission approved Virginia Electric and Power’s petition to recover from its customers the cost of purchasing “allowances” to emit CO2 from its power plants, there was no error because the allowances were necessary to comply with ...

Tagged with: Administrative Justice D. Arthur Kelsey Supreme Court of Virginia

Where a detainee sued the United States Postal Service, or USPS, for failing to respond to his requests under the Freedom of Information Act, or FOIA, but the record showed he sent his requests to the wrong component of the ...

Tagged with: Administrative Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a student failed to plead facts showing that the Henrico County School Board acted with bad faith or gross negligence in implementing her individualized education program, or IEP, her Rehabilitation Act claim was dismissed.  Background Plaintiff A.C., a minor, ...

Tagged with: Administrative Judge Henry E. Hudson U.S. District Court - Eastern District

Where a Virginia consumer alleged that the Tennessee Valley Authority, or TVA, was charging individual consumers too much for its electric power, the court lacked jurisdiction to review that claim under the Administrative Procedure Act because ratemaking authority is committed ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Julius N. Richardson

Where the hearing officer deciding whether Fairfax County failed to provide a free appropriate public education, or FAPE, as required by the Individuals with Disabilities Education Improvement Act, or IDEA, decided an issue that was not raised by the parties, ...

Tagged with: Administrative Judge Michael S. Nachmanoff U.S. District Court - Eastern District

Where appellants shifted their live classroom driver education courses to online live videoconferencing, they did not need approval from the Department of Motor Vehicles. The circuit court’s $1,000 civil fine is reversed. Introduction Appellants, I Drive Smart Too, Inc. and ...

Tagged with: Administrative Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where a Virginia Tech student argued a disciplinary board was biased because it found him and his ex-girlfriend were both responsible for misconduct, but he received a harsher penalty, but the record showed there was sufficient evidence to support an ...

Tagged with: Administrative Judge Elizabeth K. Dillon U.S. District Court - Western District

Where an electric power company recorded its costs related to the early retirement of several coal-fired electricity generating plants as asset impairments, the State Corporation Commission erred by concluding that it was unreasonable for the power company to do so. ...

Tagged with: Administrative Justice D. Arthur Kelsey Justice William C. Mims Supreme Court of Virginia

Where the Clean Water Act prohibits a civil action where a state agency has commenced and is diligently prosecuting an action under a state law comparable to the federal scheme for assessing civil penalties, the lawsuit here could proceed although ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Toby Heytens

Where the Internal Revenue Service issued a summons to a business, but the IRS is barred from issuing a summons to a person who is the subject of a referral, and there was an existing criminal referral to the business’ ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Julius N. Richardson