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Davel Communications Inc. v. Qwest Corp.
Reimbursement claims of payphone service provider purchasing telecommunications services from local exchange carrier were not barred by 'filed-rate doctrine.'
Administrative Agencies Oct. 24, 2006
Northern Alaska Environmental Center v. Kempthorne
Government's environmental impact statement for oil and gas program is proper where site specific analysis was not required.
Administrative Agencies Oct. 23, 2006
Roze v. DMV
Violation of official standards in administering blood alcohol test rendered results unreliable and are thus properly accorded little evidentiary weight.
Administrative Agencies Oct. 23, 2006
Metrophones Telecommunications Inc. v. Global Crossing Telecommunications Inc.
Payphone service provider may not sue long distance carrier under statute creating automatic private right of action.
Administrative Agencies Oct. 22, 2006
Hale v. Norton
National Park Service can impose reasonable regulation even if it is found that property owners have right-of-way to park road.
Administrative Agencies Oct. 19, 2006
Nuclear Information and Resource Service v. Nuclear Regulatory Commission
Party had no standing to sue Nuclear Regulatory Commission in federal court when it failed to show concrete injury.
Administrative Agencies Oct. 18, 2006
Nuclear Information and Resource Service v. U.S. Dept. of Transportation Research and Special Programs Administration
Court of appeals had exclusive jurisdiction over challenged DOT rule regulating transportation of hazardous materials.
Administrative Agencies Oct. 18, 2006
Southern California Edison Co. v. PUC (State Building and Construction Trades Council of California)
California PUC's decision regarding prevailing wages is not proper where PUC failed to comply with law by violating its own procedural rules.
Administrative Agencies Oct. 16, 2006
Rhaburn v. Superior Court (People)
No rigid rule of vicarious, automatic disqualification due to conflict of interest for public defender whose officer previously represented witness for prosecution.
Administrative Agencies Oct. 16, 2006
The Hess Collection Winery v. California Agricultural Labor Relations Board (United Food and Commercial Workers Union)
California Agricultural Labor Relations Board properly denied petition for review of mediator's decision where interest arbitration statutes do not violate due process.
Administrative Agencies Oct. 16, 2006
PUC v. Federal Energy Regulatory Commission
In case involving challenges to orders issued by FERC, court preserves scope of existing refund proceedings and expands scope to include additional transactions.
Administrative Agencies Oct. 4, 2006
Pacific Bell Wireless v. PUC (Utility Consumers' Action Network)
California PUC's decisions against wireless communication services company did not challenge rates and were not pre-empted by federal law.
Administrative Agencies Oct. 4, 2006
Teichert Construction v. California Occupational Safety and Health Appeals Board (Dept. of Industrial Relations)
Construction company whose employee was seriously injured violated safety regulation when it failed to 'control' its earth moving operation in proper manner.
Administrative Agencies Oct. 4, 2006
Avenetti v. Barnhart
Summary judgment for commissioner of Social Security Administration is proper where substantial evidence supports finding that burn victim is no longer disabled.
Administrative Agencies Oct. 3, 2006
Stout v. Commissioner, Social Security Administration
In denying application for disability benefits, administrative law judge improperly disregarded lay testimony regarding claimant's inability to work.
Administrative Agencies Sep. 25, 2006
Petropoulos v. Dept. of Real Estate
Where broker pled guilty to misdemeanor battery, Dept. of Real Estate's revocation of license is not proper.
Administrative Agencies Sep. 24, 2006
North Gualala Water Co. v. State Water Resources Control Board
Water company's petitions against Water Resources Control Board were properly denied where subterranean stream need not follow course of channel.
Administrative Agencies Sep. 11, 2006
Weinstein v. California Dept. of Transportation
Summary judgment for CalTrans based on design immunity was proper where evidence supported reasonableness of signage and lack of median barrier.
Administrative Agencies Sep. 8, 2006
Coffin v. Alcoholic Beverage Control Appeals Board (Barona Tribal Gaming Authority)
Even if Dept. of Alcoholic Beverage Control grants conditional liquor license, applicant still bears burden of proof during hearing for permanent license.
Administrative Agencies Sep. 7, 2006
Benson v. California Coastal Commission
Notice of hearing was adequate where developer could not reasonably rely on predictions of California Coastal Commission's staff.
Administrative Agencies Sep. 7, 2006
Richards v. Dept. of Alcoholic Beverages Control
Purchase of assets of restaurant and bar does not transfer original alcoholic beverage license to new owner.
Administrative Agencies Sep. 6, 2006
Opinion of Lockyer
Dept. of Corrections and Rehabilitation may place two or more sex offender parolees in residential facility which serves six or fewer persons.
Administrative Agencies Sep. 4, 2006
Syngenta Crop Protection Inc. v. Helliker (Gustafson)
Under former Food and Agricultural Code Section 12811.5, applicant's data for pesticide registration cannot be considered for another application without consent.
Administrative Agencies Aug. 30, 2006
Mineral Associations Coalition v. State Mining and Geology Board
State Mining Board's administrative regulation requiring Department of Conservation director's concurrence in reclamation enforcement proceedings was proper.
Administrative Agencies Aug. 28, 2006
Davel Communications Inc. v. Qwest Corp.
Reimbursement claims of payphone service provider purchasing telecommunications services from local exchange carrier were not barred by 'filed-rate doctrine.'
Administrative Agencies Aug. 28, 2006
Public Power Council Inc. v. Bonneville Power Administration
Bonneville Power Administration has authority to propose upward adjustment to wholesale power rates during time of great uncertainty.
Administrative Agencies Aug. 22, 2006
Cactus Corner v. U.S. Dept. of Agriculture
In case involving medfly infestation, government's rule addressing medfly population was neither arbitrary nor capricious.
Administrative Agencies Aug. 4, 2006
Pacific Bell Wireless v. PUC (Utility Consumers' Action Network)
California PUC's decisions against wireless communication services company did not challenge rates and were not pre-empted by federal law.
Administrative Agencies Jul. 10, 2006
Syngenta Crop Protection Inc. v. Helliker (Gustafson)
In evaluating application for registration of pesticides, department could not consider data previously submitted by another applicant without written consent of data owner.
Administrative Agencies Jul. 10, 2006
Independent Energy Producers Association v. McPherson (Finkelstein)
Proposition is invalid because it usurps Legislature's plenary power to confer additional authority and jurisdiction on Public Utilities Commission.
Administrative Agencies Jun. 20, 2006