Challenge of treatment plant's water quality exception fails.
A plan that alters regulations for the operation of a wastewater treatment plant that disposes of effluent into a Sierra Nevada foothills creek, rather than requiring improvements to the plant, has been upheld by the First District Court of Appeal. Anglers and environmentalists sued over the plan,...

No shit: FCC censorship fight.
ACCORDING to the Federal Communications Commission, a single fuck or shit on a live awards show can cost a TV network millions of dollars, but the same words are acceptable in a "bona fide news interview." The accidental airing of a celebrity's spontaneous expletive is indecent, but the deliberate...

Retroactive rulemaking.
INTRODUCTION Can a federal agency create a new rule and use it to penalize past actions? Can the Department of Health and Human Services change Medicare reimbursement rules and use the new rules to force a hospital to refund amounts it was paid several years in the...

Questionable authority: a recent CEQ guidance memorandum.
I. INTRODUCTION II. THE CURRENT STATE OF AFFAIRS IN THE NINTH CIRCUIT A. Great Basin Mine Watch v. Hankins B. Northwest Environmental Advocates v. National Marine Fisheries Service III. HISTORICAL BACKDROP AND EMERGING PRECEDENT A. Lands Council v. Powell B. The CEO's Response to Lands Council v. Powell? C....

A guide to federal agency rulemaking, 4th ed.
9781590317068 A guide to federal agency rulemaking, 4th ed. Lubbers, Jeffrey S. American Bar Association 2006 702 pages $94.95 Paperback KF5411 This guide is designed to encourage the exchange of information...

In challenge by Islamic relief organization to its "Specially Designated Global Terrorist" designation, District of Columbia Circuit upholds listing based on enough record evidence that U.S. and Sudanese entities were unified organizations.
In 1985, a Sudanese immigrant founded the Islamic American Relief Agency (Plaintiff or IARA-USA), based in Columbia, Missouri. It takes part in global humanitarian activities and often cooperates with other organizations. In 2004, the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC), designated Plaintiff's Sudanese counterpart (IARA)...

PennFuture Files Endangered Species Act Petition Against Bush Administration Due to Loss from Global Warming.
PITTSBURGH, Feb. 1 /PRNewswire-USNewswire/ -- Citizens for Pennsylvania's Future (PennFuture) today joined environmental, sporting groups, and scientific organizations from all regions of the country in legal action to further press President Bush on global warming and the growing potential of significant wildlife extinctions this century. The diverse...

The right decision; SJC reaffirms independence of charter schools.
COLUMN: In our opinion The state Supreme Judicial Court properly reaffirmed the independence from local districts of state-chartered public schools, ruling that the state Board of Education has the sole authority to approve such schools. The decision ends a three-year legal effort by the Hudson...

The role of the Office of Information and Regulatory Affairs in federal rulemaking.
INTRODUCTION The Office of Information and Regulatory Affairs (OIRA) is one of several statutory offices within the Office of Management and Budget (OMB), (1) and can play a significant--if not determinative--role in the rulemaking process for most federal agencies. In addition to its many other responsibilities, OIRA...

Can Florida's legislative standard of review for small-scale land use amendments be justified?
ABSTRACT This article examines the legal justification and practical application of recent Florida Supreme Court decisions classifying all comprehensive plan amendments as legislative decisions and all other zoning changes as quasi-judicial. The author outlines historical trends and concerns relating to the appropriate standard of judicial review for...