South Carolina Lawyers Weekly
Although S.C. Code Ann. § 41-29-230(1) requires the Department of Employment and Workforce (DEW) to secure “all advantages available under the provisions of the Social Security Act” (SSA), since the only connection between the unemployment compensation programs of Congress’s Coronavirus ...
Read More »Administrative – Unemployment Compensation – CARES Act – Participation Ended
Administrative – Taxpayers lack standing to challenge county cash assistance program 
Where two Maryland taxpayers alleged a Montgomery County cash-assistance program that pays residents, including foreign nationals in the country without documentation, violates a federal statute that prohibits undocumented persons from receiving state and local benefits, the suit was dismissed because ...
Read More »Administrative – State can sue U.S. for Clean Air Act violation
Where a provision in the Clean Air Act waived the United States’ sovereign immunity as to “any … remedy or sanction,” North Carolina could sue the United States to recover an unpaid civil penalty it assessed when a Marine Corps ...
Read More »Administrative – Voter documents may be subject to disclosure
Where the Public Interest Legal Foundation requested records of North Carolina voter registrants identified by the Board of Elections as possibly not having satisfied citizenship requirements, the district court erred by ruling the records were not subject to disclosure under ...
Read More »Administrative – Corps approves construction of NC terminal
Where the Army Corps of Engineers appropriately weighed the impact of constructing a “terminal groin” on the shoreline of the Town of Ocean Isle Beach, North Carolina, and supported its decision in an environmental impact statement and a record of ...
Read More »Administrative – Agency didn’t explain Clean Water certification denial
Where the North Carolina Department of Environmental Quality denied a Clean Water Act certification to a company building a natural gas pipeline, but did not explain why it disagreed with the hearing officer’s findings or why it denied the application, ...
Read More »Administrative – No jurisdiction over challenge to DOD performance
Where a nonprofit veteran’s group claimed the Department of Defense has not fulfilled its statutory duty to timely publish decisions by its review boards, the suit did not challenge a final agency action but was a “programmatic attack” on DoD’s ...
Read More »Administrative – Appeals – Ministerial Remand – Prisons & Jails – Labor & Employment
When the Administrative Law Court remands a contested case to an agency, the better practice is to allow the remand to conclude before appealing. However, where, as here, the ALC rules upon the dispositive issues, grants the claimant the very ...
Read More »Administrative – Reduction in land value did not support takings claim
Although property valued at $3.25 million was revalued at $1.95 million after Talbot County enacted a zoning ordinance, because a hypothetical 83% diminution in value is insufficient to establish a regulatory taking, the approximate 40% decrease in value was insufficient ...
Read More »Administrative – SSA’s fraud decisions ‘arbitrary and capricious’
It was “arbitrary and capricious” and a violation of due process for the Social Security Administration, or SSA, to categorically terminate the benefits of a class of claimants without giving them an opportunity to rebut the allegation that their benefits ...
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