Koretoff v. Vilsack, No. 09-5286, involved an Administrative Procedure Act challenge to a Department of Agriculture rule mandating that almonds produced in the U.S. be pasteurized or chemically treated to prevent salmonella outbreaks. The court affirmed in part the dismissal of the action on the ground that the Agricultural Marketing Agreement Act required certain plaintiffs [...]
Boardley v. US Dep’t of the Interior, No. 09-5176, involved a challenge to National Park Service regulations making it unlawful to engage in expressive activities within any national park unless a park official first issues a permit authorizing the activity. The court reversed the partial grant of defendant’s motion for summary judgment, on the ground [...]
TNA Merchant Projs., Inc. v. FERC, No. 08-1201, involved petitions for review of two orders of the Federal Energy Regulatory Commission (FERC), holding that the rate schedule petitioner proposed for supplying reactive power to the Bonneville Power Administration (BPA) constituted a “changed rate” that was subject to the suspension and refund provisions of section 205(e) [...]
Sigmund v. Starwood Urban Retail VI, LLC, No. 08-7137, involved an action against the owners of a parking garage where plaintiff was injured by a car bombing. The court affirmed summary judgment for defendants, on the ground that the accidental victim of a car bomb that plaintiff’s half-brother intended for their father could not recover [...]
In US v. Baugham, No. 07-3145, the court of appeals affirmed defendant’s sentence for various federal drug and conspiracy offenses, on the grounds that 1) defendant never asserted that a misstated name in the information caused him any hardship or confusion; 2) while the district court erred in neglecting the 18 U.S.C. section 851(b) colloquy, the [...]
Sigmund v. Starwood Urban Retail VI, LLC, No. 08-7137, involved an action against the owners of a parking garage where plaintiff was injured by a car bombing. The court affirmed summary judgment for defendants, on the ground that the accidental victim of a car bomb that plaintiff’s half-brother intended for their father could not recover [...]
TNA Merchant Projs., Inc. v. FERC, No. 08-1201, involved petitions for review of two orders of the Federal Energy Regulatory Commission (FERC), holding that the rate schedule petitioner proposed for supplying reactive power to the Bonneville Power Administration (BPA) constituted a “changed rate” that was subject to the suspension and refund provisions of section 205(e) [...]
TNA Merchant Projs., Inc. v. FERC, No. 08-1201, involved petitions for review of two orders of the Federal Energy Regulatory Commission (FERC), holding that the rate schedule petitioner proposed for supplying reactive power to the Bonneville Power Administration (BPA) constituted a “changed rate” that was subject to the suspension and refund provisions of section 205(e) [...]
Boardley v. US Dep’t of the Interior, No. 09-5176, involved a challenge to National Park Service regulations making it unlawful to engage in expressive activities within any national park unless a park official first issues a permit authorizing the activity. The court reversed the partial grant of defendant’s motion for summary judgment, on the ground [...]
Boardley v. US Dep’t of the Interior, No. 09-5176, involved a challenge to National Park Service regulations making it unlawful to engage in expressive activities within any national park unless a park official first issues a permit authorizing the activity. The court reversed the partial grant of defendant’s motion for summary judgment, on the ground [...]