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Case Summaries

Administrative Law

[11/01] Conahan v. Sebelius
In an appeal from the judgment of the district court’s affirming a ruling that defendant-health plan is not required to pay for liver surgery under 42 C.F.R. section 422.112(a)(3), judgment is affirmed where substantial evidence supports denial.

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Environmental Law

[10/31] US v. Donovan
In an appeal from a judgment of the district court granting summary judgment to the plaintiff in an enforcement action under the Clean Water Act, judgment is affirmed where property is "wetlands" subject to the CWA if it meets either of the tests laid out in the Supreme Court's ruling in Rapanos v. US, 547 U.S. 715 (2006).

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Public Utilities

[10/13] Montana Consumer Counsel v. FERC
In a petition for review of an order of the Federal Energy Regulatory Commission (FERC) adopting a regulatory policy that allowed sellers of wholesale electricity to file "market-based" rates, petition is denied where the policy does not exceed the FERC's authority as conferred by the Federal Power Act.

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