United States DC Circuit - June 2003 Opinion Summaries

COALITION FOR UNDERGROUND EXPANSION v. MINETA

Administrative Law, Transportation
Plaintiff lacked standing for alleging that the failure to conduct an environmental review of the proposed addition of a third line segment to a rail...

FINA OIL AND CHEM. CO. v. NORTON

Administrative Law, Oil and Gas Law
Because the applicable Minerals Management Service regulation for calculating government royalties unambiguously requires valuation of natural gas...

JOO v. JAPAN

Injury & Tort Law, International Law
Under the Foreign Sovereign Immunities Act of 1976, Japan is entitled to immunity from suit concerning the pre-1952 acts alleged in this case by women...

VICO PRODS. CO. INC. v. NLRB

Administrative Law, Labor & Employment Law
Substantial evidence supports the Board's findings that plaintiff committed various unfair labor practices, and the Board's restoration order is well...

BPH & CO., INC. v. NLRB

Administrative Law, Labor & Employment Law
Plaintiff properly raised its objections before the NLRB before seeking judicial review, and the Board's decision that plaintiff violated section...

STATE OF NEBRASKA v. ENVTL. PROT. AGENCY

Commercial Law, Constitutional Law, Environmental Law, Water Law
The Safe Drinking Water Act, requiring the EPA to promulgate national primary drinking water regulations, is a valid exercise of power under the...

WILLIAMS GAS PROCESSING v. FED. ENERGY REGULATORY COMM'N

Oil and Gas Law, Public Utilities
A pipeline operator, its affiliate, and a coalition of natural gas producers failed to show that FERC made unreasonable determinations regarding...

MCDONALD PARTNERS, INC. v. NAT'L LABOR RELATIONS BD.

Labor & Employment Law
The NLRB should have considered a company's pre-contract evidence in support of claims that it refused to bargain based on a good-faith reasonable...

PUB. CITIZEN, INC. v. US DEP'T OF HEALTH & HUMAN SERVS.

Administrative Law, Government Benefits, Government Law, Health Law
The Peer Review Improvement Act's command to inform a Medicare beneficiary complainant of the "final disposition" of a complaint requires more than...

FRIENDS OF THE EARTH, INC. v. US ENVTL. PROT. AGENCY

Administrative Law, Civil Procedure, Environmental Law
The court lacks jurisdiction to review EPA action issuing total maximum daily load limits on certain pollutants discharged into rivers, an action not...