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Tag Archives: Administrative

HHS abortion rule enjoined (access required)

A rule promulgated by the Department of Health and Human Services, prohibiting physicians and other providers in Title X programs from referring patients for an abortion and imposing other requirements on entities receiving Title X funds, was enjoined. HHS inadequately ...

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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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