South Carolina Lawyers Weekly

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, ...

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 ...

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 ...

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 ...

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 ...

Where the State Action Statute, S.C. Code Ann. § 15-77-300, authorizes an award of attorney’s fees “In any civil action brought by … any political subdivision of the State,” the statute does not encompass contested administrative cases. We reverse the ...

Where an administrative law judge is required to analyze six factors before rejecting a treating physician’s opinion, and the ALJ here did not analyze or apply the factors before discounting a medical opinion concerning a woman’s medical impairments and ability ...

Where the text, structure and history of a program that provides visas to crime victims unlawfully in the country who cooperate with law enforcement did not require the Department of Homeland Security to adjudicate requests, the agency could not be ...

Where an executive order gave states and localities the option of consenting before refugees would be resettled, but the Refugee Act did not provide for “approval” or “consent,” the order was enjoined because affected agencies were likely to prevail on ...

Where homeowners took a deduction for donating an entire house to a charitable organization, but the charity disassembled the house, salvaged useful components and left the remainder for demolition by the homeowners’ contractor, the IRS’s disallowance of the deduction was ...