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Kagan predicted that Friday’s ruling “will cause a massive shock to the legal system.” But in the years since then, it became one of the most important rulings on federal administrativelaw, cited by federal courts more than 18,000 times. This article was originally published at Howe on the Court.
Malcolm Stewart, for the respondents, rebutted that as a longstanding principle, courts do not intervene in ongoing agency proceedings until it results in a rule or order “that imposes sanctions or determines legal rights or obligations.”
A state administrativelaw judge found one late-2016 transfer to have violated FNHRA and ordered Talevski returned to VCR; the family chose to move him to a different facility. Talevski’s wife and legal guardian brought a Section 1983 action on his behalf against VCR, HHC, and other entities, alleging violations of his FNHRA rights.
It reasoned that the six-year statute of limitations imposed by the Administrative Procedure Act, the federal law governing agency actions and the legal challenges to them, applied, even though Corner Post had not opened its doors until 2018.
The District of Utah held that the lease suspensions merely maintained the status quo and therefore were not major federal actions subject to NEPA; the conservation groups therefore lacked standing. The court found that the Commission adequately explained its rationale for rejecting the dollar figure adopted by the administrativelaw judge.
The stakes in the case are high: The challengers argue that the current deferential standard is unconstitutional, while the Biden administration contends that overturning the existing doctrine would be a “convulsive shock to the legal system.” The doctrine at the center of the case is known as the Chevron doctrine.
Rather, the bill is structured so that liability is fully determined by an AdministrativeLaw Judge (“ALJ”) in an administrative proceeding without a jury, with “conclusive” factual findings made by that ALJ. If this is a cause of action for civil penalties, it is one that should be treated the same way as in Jarkesy. [In
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