agency-review

18 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-790 Laura Akahoshi, former Chief Compliance Officer v. Office of the Comptroller of the Currency Ninth Circuit 2025-01-24 Denied Response Waived administrative-law agency-review due-process enforcement-action judicial-review standing Does the target of an enforcement action brought by the Office of the Comptroller of the Currency have standing to petition for meaningful federal cou…
24-522 Eghbal Saffarinia, aka Eddie Saffarinia v. United States District of Columbia 2024-11-07 Denied Amici (4)Response Waived administrative-procedure agency-review criminal-law false-statement obstruction statutory-interpretation Whether a false statement or omission allegedly intended to obstruct routine procedures, such as ordinary-course agency review of annual disclosure fo…
23-1341 Nuclear Regulatory Commission, et al. v. Fasken Land and Minerals, Ltd., et al. Fifth Circuit 2024-06-25 GVR Relisted (2) agency-review atomic-energy-act hobbs-act nuclear-regulatory-commission nuclear-waste-policy-act statutory-authority 1. Whether the Hobbs Act, 28 U.S.C. 2341 et seq., which authorizes a "party aggrieved" by an agency's "final order" to petition for review in a court …
23-1300 Nuclear Regulatory Commission, et al. v. Texas, et al. Fifth Circuit 2024-06-12 Judgment Issued administrative-law agency-authority agency-review atomic-energy-act hobbs-act nuclear-regulatory-commission spent-nuclear-fuel standing statutory-authority 1. Whether the Hobbs Act, 28 U.S.C. 2341 et seq., which authorizes a "party aggrieved" by an agency's "final order" to petition for review in a court …
23-133 Arlen Foster v. Department of Agriculture, et al. Eighth Circuit 2023-08-15 GVR Amici (2)Relisted (2) administrative-law agency-review agriculture chevron-deference environmental-law statutory-interpretation swampbuster-provision wetlands wetlands-certification 1. Whether a statute that provides that a wetlands certification "remain[s] valid and in effect ... until such time as the person affected by the cert…
22-1251 Simon V. Kinsella v. Bureau of Ocean Energy Management, et al. District of Columbia 2023-06-29 Denied Response Waived administrative-fraud administrative-law agency-review civil-rights due-process federal-procedure fraud injunctive-relief regulatory-misconduct standing The U.S. Bureau of Ocean Energy Management (BOEM) knowingly falsified its review of an offshore wind farm, concealing contamination harmful to human h…
22-1027 The Dutra Group, Inc., et al. v. Kelly Zaradnik, et al. Ninth Circuit 2023-04-24 Denied administrative-law agency-review appellate-jurisdiction benefits-review-board judicial-review longshore-and-harbor-workers-compensation-act notice-of-appeal statutory-interpretation workers-compensation 1. Whether appellate courts can restrict the limited jurisdiction of the Benefits Review Board under 33 U.S.C. § 921(b)(3), in accord with its impleme…
22-7040 Michael Lee Gordon v. Doe, Designation Sentence Computation Center Official, et al. Eighth Circuit 2023-03-20 Denied Relisted (2)IFP administrative-law agency-review bias civil-procedure constitutional-review due-process judicial-discretion legal-procedure recusal standing statutory-interpretation witness I) whether the district court erred in denying Appellant's motion for the judge recusal based upon the Judge being called upon in the instant case as …
22-762 Robert Kreb v. Department of Labor Ninth Circuit 2023-02-13 Denied Response Waived administrative-law administrative-procedure agency-discretion agency-review arbitrary-and-capricious employee-protection employee-protection-rights evidentiary-burden standard-of-review statutory-interpretation 1. What is the appropriate standard of review when an agency administrative law judge abuses their discretion, is arbitrary and capricious or otherwis…
22-714 Harry C. Calcutt, III v. Federal Deposit Insurance Corporation Sixth Circuit 2023-02-01 Judgment Issued Amici (6)Relisted (2) administrative-law agency-deference agency-review circuit-split civil-procedure due-process judicial-remand remand removal-restrictions standard-of-review statutory-interpretation 1. Whether SEC v. Chenery Corp., 318 U.S. 80 (1943) and its progeny required the Sixth Circuit to remand the case to the agency after determining that…
22-5493 Patrick Wiley v. R. Masterson, et al. Ninth Circuit 2022-09-01 Denied IFP administrative-law agency-review civil-procedure due-process standing statute-of-limitations Question not identified.
22-1 Lynn Brown, as Appointed Successor and Representative of Now Deceased Howard M. Berry v. Christine E. Wormuth, Secretary of the Army, et al. District of Columbia 2022-06-30 Denied Amici (1)Response Waived administrative-procedure-act agency-review civil-procedure deference government-procedure judicial-review military military-deference standing statutory-interpretation Whether the Administrative Procedure Act ("APA") incorporates a presumption of "unusual deference" in all cases involving the military.
21-7562 Michael Tyler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-04-06 Denied IFP administrative-law administrative-procedure agency-review civil-rights due-process federal-courts federal-jurisdiction habeas-corpus regulatory-compliance state-court-decisions statutory-interpretation 1. whether, the fifth Circuit Court appling Moore,534 f3d 4les Conflict with the decisian of this Court Hancock. 139 sct2714 2. whether the fifth Cir…
21-858 Classic Cab Company v. District of Columbia Department of For-Hire Vehicles District of Columbia 2021-12-09 Denied administrative-law administrative-procedure agency-action agency-review appeals-process due-process hearing-process independent-adjudication judicial-review sham-hearing I. Is the use of a sham hearing process where the agency subject to an appeals process has the authority to overturn the determination of an independe…
21-589 Said Rum v. United States Eleventh Circuit 2021-10-22 Denied Response Waived administrative-law agency-action agency-review arbitrary-and-capricious due-process factfinding-procedures fbar-penalties reporting-requirements standard-of-review willfulness This Court established the standards of review for agency actions in Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 (1971). Courts are limit…
20-1156 Alan H. Olefsky v. Illinois Department of Financial and Professional Regulation, et al. Illinois 2021-02-23 Denied Response WaivedRelisted (2) abuse-of-discretion administrative-discretion administrative-law agency-review disciplinary-action due-process medical-license medical-license-suspension mitigating-circumstances past-discipline 1. Whether the IDFPR's Final Order indefinitely suspending Petitioner's medical license for two years pursuant to the first order on remand, or one ye…
19-1439 Joey Jurgensen v. Michael R. Pompeo, Secretary of State, et al. Fourth Circuit 2020-07-01 Denied Response Waived agency-review civil-procedure civil-rights due-process equal-access-to-justice-act judicial-imprimatur legal-relationship prevailing-party standing sua-sponte-stay In Buckhannon Bd. and Care Home, Inc. v. W. Va. Dep't of Health, 532 U.S. 598, 605 (2001), this Court established that one may qualify as a "prevailin…
19-796 Michael Cowels, et al. v. Federal Bureau of Investigation, et al. First Circuit 2019-12-20 Denied Response Waived administrative-procedure-act agency-review arbitrary-and-capricious civil-rights dna-profile due-process fbi-determination federal-bureau-of-investigation national-dna-index-system pretext pretextual-basis pretextual-determination 1. Whether a determination by the Federal Bureau of Investigation (the "FBI") that a DNA profile is ineligible for upload to the National DNA Index Sy…