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San Luis Obispo Mothers For Peace v. U.S. Nuclear Regulatory Comm.
Nuclear Regulatory Commission's decision granting PG&E an exemption to the deadline for a federal license renewal application was not arbitrary, capricious, or contrary to law.
Administrative Agencies 9th Apr. 30, 2024
National Labor Relations Board v. Siren Retail Corp.
National Labor Relations Board regional director acted within his discretion when he ordered mail-ballot election to select union representative where health data showed increase in COVID-19 cases.
Labor Law, Administrative Agencies 9th Apr. 25, 2024
Fejes v. Federal Aviation Administration
FAA Administrator was required to revoke pilot's certificate where pilot knowingly used an aircraft to distribute marijuana even though the activity was limited to a state where marijuana was legal.
Administrative Agencies 9th Apr. 23, 2024
Knudsen v. Dept. of Motor Vehicles
Administrative public hearing officer, who acted as both an advocate and adjudicator, violated driver's due process right to an impartial adjudicator in DUI case.
Administrative Agencies 5DCA Apr. 5, 2024
Conway v. O'Malley
Because the "medium work," six-hour limitation presumption was rebutted, the Administrative Law Judge's contrary finding was unsupported by substantial evidence meriting reversal.
Administrative Agencies 9th Mar. 27, 2024
Ferguson v. O'Malley
It was reversible error for administrative law judge to discount disability applicant's subjective symptom testimony as inconsistent with medical evidence without offering clear and convincing reasons for doing so.
Administrative Agencies 9th Mar. 15, 2024
Temple of 1001 Buddhas et al. v. City of Fremont
Fremont's Municipal Code conflicted with Building Code Section 1.8.8.1 because it mandated an appeals process with only one assigned hearing officer rather than an appeals board.
Administrative Agencies 1DCA/4 Mar. 8, 2024
TRC Operating Co. v. Shabazian 3
Regulations adopted by CalGEM requiring cessation of oil and gas operations near surface expressions were not in conflict the Public Resources Code authorizing statue.
Administrative Agencies 5DCA Mar. 5, 2024
Geffner v. Board of Psychology
Board's revocation of a psychologist's license was reversed where the psychologist evaluated two children for suicidality without their father's consent, concluding it was an emergency situation.
Administrative Agencies 2DCA/3 Mar. 1, 2024
California Privacy Protection Agency v. Superior Court (California Chamber of Commerce)
Trial court erroneously concluded that Proposition 24 implementing regulations were not enforceable on date specified by the Act.
Administrative Agencies 3DCA Feb. 13, 2024
Symons Emergency Specialties v. City of Riverside
Appellant forfeited its claim on appeal when it failed to provide a fair summary of the record by not including the trial court's analysis of 30 documentary exhibits and three witnesses.
Administrative Agencies 4DCA/2 Feb. 9, 2024
Abney v. State Dept. of Health Care Services
Wages withheld to satisfy an IRS debt were considered "actually available" to meet Medi-Cal recipient's needs and could be included as income in determining her benefits eligibility.
Administrative Agencies 1DCA/2 Feb. 2, 2024
Modification: Center for Biological Diversity v. Public Utilities Com.
The Public Utilities Commission's successor tariff to Public Utilities Code Section 2827.1 bore a reasonable relationship to the statutory purposes and language of the Section.
Administrative Agencies 1DCA/3 Jan. 17, 2024
Cross v. O'Malley
Social Security Commissioner's revised medical-evidence regulations fell within its broad authority conferred by the Social Security Act and Administrative Procedure Act.
Administrative Agencies 9th Jan. 8, 2024
Modification: Center for Biological Diversity v. Public Utilities Com.
The Public Utilities Commission's successor tariff to Public Utilities Code Section 2827.1 bore a reasonable relationship to the statutory purposes and language of the Section.
Administrative Agencies 1DCA/3 Dec. 26, 2023
Center for Biological Diversity v. Public Utilities Com.
The Public Utilities Commission's successor tariff to Public Utilities Code Section 2827.1 bore a reasonable relationship to the statutory purposes and language of the Section.
Administrative Agencies 1DCA/3 Dec. 22, 2023
Glanden v. Kijakazi
Denial of social security disability insurance benefits at step two of the five-step process was improper because only a de minimis showing of disability was required to proceed with the analysis.
Administrative Agencies 9th Nov. 17, 2023
Sonoma Luxury Resort v. California Regional Water Quality Control Bd.
Failure to file timely mandamus petition seeking judicial review of regional water quality control board decision meant the decision was statutorily not subject to judicial review for any reason.
Administrative Agencies 1DCA/4 Oct. 27, 2023
Granite Construction Co. v. CalOSHA
Division of Occupational Safety and Health's citations were reversed because there was no evidence that construction workers were exposed to harmful fungus Coccidioides.
Administrative Agencies 3DCA Oct. 18, 2023
Kitchen v. Kijakazi
Administrative Law Judge did not err in excluding claimant's Veterans Affairs disability rating from analysis of disability insurance claim.
Administrative Agencies 9th Sep. 15, 2023
Federal Energy Regulatory Commission v. Vitol Inc., et al.
Five-year limitations period for a federal action to enforce a Federal Power Act penalty begins once the Federal Energy Regulatory Commission has issued a notice of proposed penalty.
Administrative Agencies 9th Aug. 21, 2023
Backcountry Against Dumps v. Federal Aviation Administration
The Federal Aviation Administration was required to provide specific notification of second comment review to non-profit organization who had shown they were an interested party to wind turbine project.
Administrative Agencies 9th Aug. 16, 2023
Grant Park Neighborhood Assn. Advocates v. Dept. of Public Health
State Department of Public Health was required to engage in a back-and-forth interactive process with Santa Cruz law enforcement agencies before approving a needle and syringe exchange program in the county.
Administrative Agencies 3DCA Aug. 15, 2023
HNHPC v. Dept. of Cannabis Control
The existence of Department of Cannabis Control contracts to design a track-and-trace system did not indisputably establish that the department had actually performed its duty to establish a proper track-and-trace system.
Administrative Agencies 4DCA/3 Aug. 3, 2023
L & S Framing Inc. v. California Occupational Safety & Health Appeals Bd.
An opening in a second floor railing that a construction worker fell through fit the California Code of Regulations definition for "floor opening."
Administrative Agencies 3DCA Jul. 26, 2023
Barber Group, Inc. v. New Motor Vehicle Bd.
Car dealer protesting establishment of new dealership held and failed to satisfy burden of proof even though agency's decision considered the manufacturer's performance standards without first determining their reasonableness.
Administrative Agencies 3DCA Jul. 25, 2023
Lotus Vaping Technologies, LLC v. U.S. Food & Drug Administration
Tobacco Control ACT (TCA) authorizes the FDA to require manufactures to submit comparative health risk data.
Administrative Agencies 9th Jul. 10, 2023
O'Brien v. The Regents of the University of California
Sexual harassment complaint against University of California professor was not time-barred as first "notice" was insufficient pursuant to university bylaws.
Administrative Agencies 1DCA/3 Jul. 3, 2023
Modification: Campana v. East Bay Municipal Utility District
Statute of limitations on plaintiffs' complaint invalidating water fees began when the fee structure was adopted, not when the fees were imposed, since the complaint was intended to invalidate the resolutions.
Administrative Agencies 1DCA/4 Jun. 19, 2023
Leach v. Kijakazi
Administrative Law Judge's omission of an important qualifying adjective when questioning vocational expert about jobs available for a hypothetical person with disability claimant's mental limitations was not a harmless error.
Administrative Agencies 9th Jun. 16, 2023