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 OCC enforcement action have standing to petition for meaningful federal court review of agency orders where the final decision c…
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 Whether the Hobbs Act allows nonparties to obtain review of agency orders that allegedly exceed statutory authority, and whether the Atomic Energy Act…
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 Whether the Hobbs Act allows nonparties to obtain review of claims asserting that an agency order exceeds the agency's statutory authority
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 Whether a statute that provides that a wetlands certification 'remain[s] valid and in effect ... until such time as the person affected by the certifi…
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 Whether the Fifth Amendment requires that defendants answer allegations against them
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 Whether appellate courts can restrict the limited jurisdiction of the Benefits Review Board
22-7040 Michael Lee Gordon v. Doe, Designation Sentence Computation Center Official, et al. Eighth Circuit 2023-03-20 Dismissed Relisted (2)IFP administrative-law agency-review bias civil-procedure constitutional-review due-process judicial-discretion legal-procedure recusal standing statutory-interpretation witness Whether the district court erred in denying Appellant's motion for recusal of the district court judge based on the judge's bias as a witness in the i…
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 What is the appropriate standard of review when an agency administrative law judge abuses their discretion, is arbitrary and capricious or otherwise u…
22-714 Harry C. Calcutt, III v. Federal Deposit Insurance Corporation Sixth Circuit 2023-02-01 Denied 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 Whether SEC v. Chenery Corp. and its progeny required the Sixth Circuit to remand the case to the agency after determining that the agency had applied…
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 Whether the district court erred in dismissing petitioner's complaint for failure to comply with the 30-day deadline to file a petition for review of …
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 Whether the Court of Appeals misapplied 28 U.S.C. § 2254(d) in denying the petitioner's claim that the state court's decision was contrary to or an un…
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 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 independent …
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 Are courts to apply de novo review of agency actions when the inadequacy of the factfinding procedures is due to a procedural due-process violation
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 Whether the IDFPR's Final Order indefinitely suspending Petitioner's medical license for two years pursuant to the first order on remand, or one year …
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 Whether a sua sponte stay ordered by the trial court, which directs the Agency to 'repair' the concerns and to 'finish' another review as sought by a …
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 Whether the FBI's determination that a DNA profile is ineligible for upload to NDIS is arbitrary and capricious