In examining a Maryland program to subsidize participation of a new power plant in the federal wholesale energy market on appeal by energy firms that compete with the new power plant in interstate commerce, the 4th Circuit upholds the district ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge J. Harvie Wilkinson III

Although appellant contends the lighting was poor in the basement where a witness observed him sexually molesting his girlfriend’s one-year-old infant, the trial court did not err in finding the Department of Social Services met its burden to prove appellant ...

Tagged with: Administrative Per Curiam Opinion Virginia Court of Appeals

The Court of Appeals reverses an administrative finding that appellant committed an act of sexual abuse of a child in his care, and vacates the finding by the Department of Social Services, which improperly found that appellant, who was residing ...

Tagged with: Administrative Judge D. Arthur Kelsey Virginia Court of Appeals

A Danville U.S. District Court says two pro se plaintiffs may proceed with their request for judicial review of the U.S. Department of Agriculture’s denial of a farm ownership loan through the Farm Service Agency on the ground that the ...

Tagged with: Administrative Judge Jackson L. Kiser U.S. District Court - Eastern District

After 16 years of fighting for black lung survivor’s benefits, a miner’s widow wins benefits in the 4th Circuit’s latest remand of her case; the miner’s COPD qualified as pneumoconiosis and contributed to his death. Claimant’s husband received black lung ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge J. Harvie Wilkinson III

The Court of Appeals affirms the State Health Commissioner’s denial of a Certificate of Public Need to a Salem hospital, Lewis-Gale Medical Center LLC, to allow it to renovate space in its existing newborn nursery to create a neonatal intensive ...

Tagged with: Administrative Judge Marla Graff Decker Virginia Court of Appeals

In this appeal by the Chesapeake Bay Foundation and Citizens for Stumpy Lake of a permit issued by the State Water Control Board that permits Tri-City Properties LLC to drain wetlands as it develops a mixed-use, master-planned community in the ...

Tagged with: Administrative Judge Stephen R. McCullough Virginia Court of Appeals

The Supreme Court of Virginia says a trial court did not err in denying appellants’ request for disclosure of certain emails involving a former University of Virginia professor’s climate change research as “proprietary” information protected under a Virginia Freedom of ...

Tagged with: Administrative Justice Donald W. Lemons Supreme Court of Virginia

The Virginia Marine Resources Commission is empowered to regulate the expansion of the Chincoteague Inn’s restaurant operations onto a floating platform secured alongside its building and situated partially over state-owned subaqueous bottomland; the Supreme Court of Virginia reverses the contrary ...

Tagged with: Administrative Justice LeRoy F. Millette Jr. Supreme Court of Virginia

Appellant chiropractor failed to preserve additional claims of error, such as the absence of a chiropractor on the Virginia Board of Medicine, and the Court of Appeals rejects her claim that the board’s decision failed to meet the substantial evidence ...

Tagged with: Administrative Per Curiam Opinion Virginia Court of Appeals