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Sisley v. U.S. Drug Enforcement Administration
Under the Controlled Substance Act, petitions filed with the Drug Enforcement Agency require administrative exhaustion. 		Administrative Agencies 9th Aug. 31, 2021
Alabama Assn. of Realtors v. Department of Health and Human Services
Statute granting Centers for Disease Control and Prevention authority to require fumigation and disinfection does not also grant it authority to impose moratorium on evictions. 		Administrative Agencies USSC Aug. 30, 2021
Aguirre v. U.S. Nuclear Regulatory Commission
Although agency's response to Freedom of Information Act request was tardy, requestor must exhaust administrative remedies so long as agency properly responds before suit is filed. 		Administrative Agencies 9th Aug. 24, 2021
Decker Coal v. Pehringer
5 U.S.C. Section 7521 does not infringe upon President's inherent Article II removal power. 		Administrative Agencies 9th Aug. 17, 2021
Family Health Centers of San Diego v. State Dept. of Health Care Services
Federally qualified health center's outreach activities were akin to advertising and were thus not reimbursable under Medi-Cal. 		Administrative Agencies 3DCA Aug. 4, 2021
Wide Voice v. Federal Communications Commission
Competitive local exchange carrier's tariffed rate was unlawful because it violated FCC's benchmarking rule by exceeding established step-down rates. 		Administrative Agencies 9th Aug. 2, 2021
National Parks Conservation Association v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission may properly limit intervention in post-licensing deadline extension proceedings. 		Administrative Agencies 9th Jul. 29, 2021
Martin v. California Coastal Commission
California Coastal Commission correctly interpreted City's Local Coastal Program and Municipal Code. 		Administrative Agencies 4DCA/1 Jul. 20, 2021
Modification: Briley v. City of West Covina
Former employee need not exhaust administrative remedies when final administrative decisionmaker is personally and antagonistically involved. 		Administrative Agencies 2DCA/4 Jul. 16, 2021
Bullseye Telecom, Inc. v. California Public Utilities Commission
Because no factual developments occurred after its decision, Public Utilities Commission was not required to hold evidentiary hearings in issuing rehearing decision. 		Administrative Agencies 1DCA/5 Jul. 8, 2021
Davis v. Physician Assistant Board
Physician inexperienced in liposuction 'improperly delegated medical tasks and procedures' to physician assistant with liposuction experience. 		Administrative Agencies 3DCA Jul. 7, 2021
Briley v. City of West Covina
Former employee need not exhaust administrative remedies when final administrative decisionmaker is personally and antagonistically involved. 		Administrative Agencies 2DCA/4 Jul. 6, 2021
Regency Air v. Dickson
Change in theory sufficient to violate due process must turn on dispositive allegation or claim. 		Administrative Agencies 9th Jul. 2, 2021
Linovitz Capo Shores LLC v. California Coastal Commission
In order to remodel structures, owners of mobilehomes located in coastal zones are required to obtain permits from both Department of Housing and Community Development and California Coastal Commission. 		Administrative Agencies 4DCA/3 Jun. 30, 2021
Trout Unlimited v. Pirzadeh
Environmental Protection Agency's decision was reviewable because Administrative Procedure Act's exception to reviewability did not apply since EPA's regulations included meaningful legal standard governing EPA's decision. 		Administrative Agencies 9th Jun. 18, 2021
Center for Biological Diversity v. Haaland
Fish and Wildlife Service's 2017 Decision violated Administrative Procedure Act because reasoned explanation was warranted for change in position on whether Pacific walrus qualified as threatened species. 		Administrative Agencies 9th Jun. 4, 2021
Bradley v. CVS Pharmacy, Inc.
Physician should have sought relief from California State Board of Pharmacy before filing suit and seeking injunction concerning pharmacy's denial of his prescriptions for controlled substances. 		Administrative Agencies 2DCA/2 Jun. 2, 2021
Lion Raisins v. Ross
Trial court correctly determined Raisin Bargaining Association was marketing association and therefore authorized to bloc vote under Food and Agricultural Code Section 58999. 		Administrative Agencies 3DCA May 27, 2021
California Coastkeeper Alliance v. State Lands Commission
California State Lands Commission properly proceeded by way of supplemental environmental impact report because project's changes were minor. 		Administrative Agencies 3DCA May 11, 2021
2-Bar Ranch Limited Partnership v. U.S. Forest Service
US Forest Service's regulations were consistent with plain language of 2009 Forest Plan and plaintiffs were not entitled to attorney's fees. 		Administrative Agencies 9th May 7, 2021
Tri-Counties Association v. Ventura County Public Guardian
Administrative law judge did not have to defer to Regional Center's evaluation because Department of Developmental Services-appointed ALJs are tasked with overseeing Regional Center's assessments. 		Administrative Agencies 2DCA/6 May 6, 2021
Goffney v. Becerra
Department of Health and Human Services interpretation of 'enrollment application' of 42 C.F.R. Section 424.520(d) merited deference because agency's interpretation represented authoritative statement of agency, and implicated their expertise. 		Administrative Agencies 9th Apr. 30, 2021
SEIU Local 87 v. National Labor Relations Board
Employees were engaged in lawful picketing because combination of their picket signs and leaflets clearly disclosed their dispute was with their primary employer and not neutral third party. 		Administrative Agencies 9th Apr. 29, 2021
State of Washington v. U.S. Dept. of State
Congress precluded judicial review of both designation and undesignation of items as defense articles under International Security Assistance and Arms Export Control Act of 1976. 		Administrative Agencies 9th Apr. 28, 2021
Odell v. U.S. Dept. of Health & Human Services
Because plaintiff did not present his claim to Secretary of Health and Human Services, district court lacked subject matter jurisdiction. 		Administrative Agencies 9th Apr. 28, 2021
Carr v. Saul
Issue-exhaustion requirements erroneously imposed on petitioners' Appointments Clause claims because such claims are purely constitutional claims and fall outside administrative law judges' area of technical expertise. 		Administrative Agencies USSC Apr. 23, 2021
Modification: Lent v. California Coastal Commission
Coastal Commission did not violate plaintiffs' due process rights by imposing larger penalty than its staff recommended, because Commission specifically advised plaintiffs it could impose penalty of up to $8 million. 		Administrative Agencies 2DCA/7 Apr. 19, 2021
Modification: Sweeney v. San Francisco Bay Conservation
Public Resources Code's permit exceptions were inapplicable to project that went beyond repair and maintenance, and that was inconsistent with local protection plan. 		Administrative Agencies 1DCA/3 Apr. 16, 2021
American Coatings Association, Inc. v. State Air Resources Board
State Air Resources Board's fees on manufacturers was reasonable and not a tax subject to Proposition 13. 		Administrative Agencies 3DCA Apr. 14, 2021
Lent v. California Coastal Commission
Coastal Commission did not violate plaintiffs' due process rights by imposing larger penalty than its staff recommended, because Commission specifically advised plaintiffs it could impose penalty of up to $8 million. 		Administrative Agencies 2DCA/7 Apr. 7, 2021
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