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 ...

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

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 ...

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

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 ...

Tagged with: Administrative Criminal Justice Stephen R. McCullough Supreme Court of Virginia

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Environmental Judge G. Steven Agee

A U.S. Department of Health & Human Services policy for “payment adjustment” calculations by hospitals serving disproportionately needy populations is legislative in nature and should have been promulgated through notice-and-comment rulemaking. Thus, the policy cannot be enforced against a Virginia ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Healthcare Judge James A. Wynn Jr.

A Salvadoran immigrant, detained for the past 14 months while he challenges removal, deserves an individual bond hearing to determine whether flight risk or danger to society justifies his prolonged detention. Background Petitioner Jose Rodriguez Portillo first unlawfully entered the ...

Tagged with: Administrative Constitutional Criminal Due Process Immigration Judge Leonie Brinkema U.S. District Court - Eastern District

Although West Virginia has not promulgated or submitted required pollutant limits for its “biologically impaired” waterways, this failure doesn’t yet amount to a constructive submission of “no limits,” which would trigger EPA duties under the Clean Water Act. Background West ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Environmental Judge Diana Gribbon Motz

A special education teacher who ended up in a brief physical altercation with a chronically disrespectful student was acting defensively only, which did not support a finding of child abuse or neglect. Background This case concerns an altercation between Appellee ...

Tagged with: Administrative Education Judge Rossie D. Alston Jr. Virginia Court of Appeals

The Federal Aviation Administration’s extensions of its own decision deadlines were not equitable justification for untimely filing of a petition to review its ultimate determination. Background The Grand Strand Airport is a public use, general aviation airport located in Horry ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Civil Procedure Per Curiam Opinion

The Workers’ Compensation Commission did not err in finding that the composition of the review panel was proper and that the claimant adequately marketed her residual work capacity. Background Claimant Kathleen Tefft was an assistant freight manager at one of ...

Tagged with: Administrative Employment Employment Law Judge Mary B. Malveaux Virginia Court of Appeals Workers' Compensation