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administrative law
Lucy the Elephant v. Edmonton (City)
Case considered: Reece v. Edmonton (City), 2010 ABQB 538 Lucy is a 34 year old elephant who lives in the Edmonton Valley Zoo. In recent years Lucy has attracted significant media and celebrity attention, as animal welfare activists have campaigned for her transfer to a warmer climate (details on...
Hawaii Supreme Court Holds that Agency Decision to Deny a Contested Case Hearing May be Appealed
In Kaleikini v. Thielen, Haw. S.Ct. No. 28491, Aug. 21, 2010, the Hawaii Supreme Court ("HSCT") held, among other things, that an agency's denial of a requested contested case hearing is an appealable issue. This case arises in the context of Hawaii's Native Hawaiian burial laws pursuant to HRS...
California Supreme Court Issues Two Opinions - Addressing Collateral Estoppel and Compelling Arbitration of Medical Malpractice Wrongful Death Claims
Murray v. Alaska Airlines, Inc. holds that collateral estoppel applies to the administrative findings of a federal agency when those findings were subject to objection and judicial review that was never pursued, resulting in a final nonappealable order based on those findings. The Court found...
Mutatis Mutandis: The ERCB speaks (in Latin) on the subject of carbon capture and storage
Considered: ERCB Bulletin 2010 - 22, ERCB Processes Related to Carbon Capture and Storage (CCS) Projects, June 29, 2010 After a long period of cogitation the chief energy regulator in the province has finally provided a statement of how it proposes to approach the regulation of carbon capture and...
KH
At its annual meeting held July 9 through 16, 2010, in Chicago, Illinois, the National Conference Commissioners On Uniform State Laws (NCCUSL) approved and recommended a new Model State Administrative Procedure Act (MSAPA). The text of the 2010 MSAPA replaces … Continue reading →At its ...
