Tuesday, October 16th, 2007

DAlaska: Scope of “Administrative Record”

Sedwick remands for supplemented record 
The Federal Highway Administration has decided to fund a 51-mile two-lane highway from the end of the exisiting highway in Juneau to a new ferry terminal at the Katzehin River delta.  Citizens opposed to the project have challenged various administrative decisions approving the funding and related agency actions.  They filed an action under the Administrative […]

Tuesday, October 16th, 2007

9th Circuit: Federal Court Prediction of State Law

The 9th Circuit has re-iterated its rule about unresolved state law issues, as follows:
when (1) a federal court is required to apply state law, and (2) there is no relevant precedent from the state’s highest court, but (3) there is relevant precedent from the state’s intermediate appellate court, the federal court must follow the state […]