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Sep 23, 2020

Administrative – HHS abortion rule enjoined

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 explained its decision to disagree with comments by every major medical organization regarding the rule’s […]

Sep 9, 2020

Administrative – Driver’s License Suspension – DUI – Blood Test – Licensed Medical Personnel – Underlying Reason

After an accident, when a registered nurse at a hospital told the arresting officer that petitioner was unable to submit to a breath test, the officer was not required to question the nurse’s judgment; instead, he was entitled to rely on the nurse’s statement and to ask defendant to submit to a blood test. We […]

Aug 18, 2020

Administrative – Towing Bill – Administrative Sanction – Suspension from Wrecker Schedule

Where the parties had a true joint physical custody arrangement, the appellant-mother’s relocation from Greenville to Columbia presents an issue of first impression as to whether there was a substantial change of circumstances warranting a review of the children’s best interests. We find that there was. We affirm the Administrative Law Court’s decision to affirm […]

Jul 28, 2020

Administrative – Civil Rights – Housing Discrimination Claim – Civil Practice – Mediation – Evidence – Constitutional – Due Process

In this housing discrimination case, the circuit court properly declined to enforce a settlement agreement when the agreement was not signed by respondents’ counsel. However, the circuit court failed to give due consideration to federal authority when it issued broad protective orders, and that same authority allows S.C. Code Ann. § 31-21-120(a) to be read […]

Mar 26, 2020

Administrative – Time of illicit trading does not trigger statute of limitations

  Where the Federal Power Act, or FPA, requires the Federal Energy Regulatory Commission, or FERC, to take steps before it can bring claims against those charged with manipulation of the energy markets, the five-year statute of limitations for filing suit begins to run when FERC completes those required steps, not at the time of […]

Mar 15, 2020

Administrative – Associational Standing – Environmental Permits – ‘Affected Person’ – Charleston Cruise Terminal

  As associations dedicated to protecting historic neighborhoods, whose members believe the ill effects they already suffer from Charleston’s cruise ship terminal will worsen if the terminal is expanded, petitioners have standing to seek a contested case hearing in the Administrative Law Court to determine whether the proper procedures were followed in issuing the environmental […]

Jan 16, 2020

Administrative – Board erred in awarding permit for Union Hill compressor station

Where the Virginia Air Pollution Control Board failed to provide a rational explanation as to why it awarded a construction permit for a compressor station in the historic community of Union Hill, reasons offered during litigation were insufficient as a matter of law. Further, the agency erred by not assessing the station’s potential for disproportionate health […]

Jan 16, 2020

Administrative – Environmental – Landfill Modifications – Notice Requirements

The respondent Department of Health and Environmental Control allowed respondent MRR Pickens, LLC, to make a major modification to its landfill permit, but DHEC labeled the modification as “minor.” Minor modifications do not carry the same notice requirements as major modifications, so DHEC’s labeling of the permit modification as minor denied contemporaneous notice and participation [&helli[...]

Jan 9, 2020

Administrative – Real Property – Dock Modification – Neighbor’s Value & Enjoyment – Environmental

In an area where many docks were “grandfathered” in and do not comply with the requirements of the Coastal Zone Management Act, the Administrative Law Court erred in basing its decision (to deny an application to modify a private dock) solely on S.C. Code Ann. § 48-39-150(A)(10)’s factor regarding an adjacent owner’s “value and enjoyment” […]

Oct 31, 2019

Administrative Denied benefits, woman challenges expert’s testimony

Although a woman argued her residual functional capacity, which limits her to “simple, routine, repetitive tasks,” conflicted with the vocational expert’s testimony about the category of tasks she is able to perform, there is no inconsistency between her capacity and the notion of “detailed but uninvolved … instructions” and tasks with “a few variables.” Background Angela [&he[...]

Aug 23, 2019

Administrative Pipeline thwarted by bee, clubshell, bat and isopod

For the third time, the U.S. Fish and Wildlife Service will attempt to determine whether construction of the Atlantic Coast natural gas pipeline will threaten four endangered species after the conclusions in FWS’s prior opinion were found arbitrary and capricious. Background In 2017, the U.S. Fish and Wildlife Service, or FWS, issued a biological opinion […]

Jun 19, 2019

Administrative – Whistleblower’s claims not covered by Sarbanes-Oxley

Northrop Grumman successfully argued that an employee’s complaint was not within the scope of the Sarbanes-Oxley Act, or SOX, and she therefore could not claim whistleblower protection under the Act. An ALJ’s order in favor of the employee was vacated. Background A SOX whistleblower protection provision prohibits employers in public companies from firing an employee […]

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