Where a federal contractor sought clarification on whether the nature of its Navy service contract made it subject to California’s labor laws, the suit was dismissed because the contractor failed to satisfy the exhaustion requirements of the Contract Disputes Act ...
Read More »Administrative – Jurisdiction found lacking over Navy contractor’s suit
Administrative – ALJ improperly relieved OSHA of its burden of proof 
Where the Occupational Safety and Health Administration, or OSHA, did not argue that a company’s safety program was inadequate to prove constructive knowledge during the trial or in its post-trial brief, the administrative law judge, or ALJ, erred by relying ...
Read More »Administrative – Agency failed to properly consider pipeline’s impact on fish 
Where the Fish and Wildlife Service failed to adequately evaluate the “environmental baseline” and “cumulative effects” for the Roanoke logperch and the candy darter within the right of way of a proposed pipeline, its biological opinion and incidental take statement ...
Read More »Administrative – Tax Court lacks jurisdiction to consider overpayment claim 
Where a statute allows a taxpayer to appeal an adverse administrative ruling of the Internal Revenue Service, or IRS, to the tax court, but here the IRS then determined that the taxpayer owed no money, the tax court lacked jurisdiction ...
Read More »Administrative – Government failed to consider pipeline’s impact on environment 
Where the United States Forest Service and the Bureau of Land Management, or BLM, failed to account for data suggesting increased sedimentation along the route of a proposed gas pipeline, and approved the use of the conventional bore method to ...
Read More »Administrative – Environmental – Landfill Changes – Notice & Request for Review 
The 15-day period for filing a request for review of a decision of the Department of Health and Environmental Control does not start to run upon a party’s receipt of actual notice of the decision. The General Assembly chose not ...
Read More »Administrative – Denial of church’s zoning application violated RLUIPA 
Where Prince George’s County denied a church’s application for a legislative amendment to the county’s water and sewer plan, that contravened the Religious Land Use and Institutionalized Persons Act, or RLUIPA, because the amendment was a land use regulation subject ...
Read More »Administrative – Unemployment Compensation – CARES Act – Participation Ended 
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 – 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 »