SCOTUS TO REVIEW RAILROAD BENEFITS CASE; NCLA SCORES WIN AGAINST NONBINDING GUIDANCE

SCOTUS to Review Railroad Benefits Case

John discusses the significance this week’s SCOTUS decision in the railroad pension case, Salinas v. U.S. Railroad Retirement Board has or administrative law.

The Supreme Court of the United States issued an opinion in Salinas v. U.S. Railroad Retirement Board on Feb. 3rd. The case called into question whether the decision of the United States Railroad Retirement Board to administer statutes that deny benefits to a claimant, and then later refuse to reopen its denial, is subject to judicial review? The High Court decided yes, the Board’s refusal to reopen a prior benefits determination is subject to judicial review.

NCLA Scores Win Against Nonbinding Guidance

Later in the episode, Mark discusses NCLA’s recent victory at the WY Supreme Court in ASCI v. Laramie Co. Planning Commission

On February 1st, the Wyoming Supreme Court ruled to reverse and set aside the decision of the Laramie County Planning Commission (the Commission) in the case of Asphalt Specialties Co., Inc. v. Laramie County Planning Commission. This victory reinforces a major administrative law point that NCLA is pressing, regulators cannot restrict people’s conduct based on nonbinding guidance documents.

“Counties may only restrict a land use pursuant to zoning,” declared the Court in its opinion. “ASCI’s Lone Tree Creek property is not zoned. The Commission therefore exceeded its statutory authority when it utilized its comprehensive land-use plan and the site plan review process to outright deny ASCI use of its land for a limited gravel mining operation.” The Court also ruled that the Commission’s decision to use a vision planning guidance document to stop ASCI’s gravel quarry development was “arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law.”

Read more about the case here: https://nclalegal.org/2021/02/in-ncla-victory-wy-supreme-court-reverses-local-planning-comm-attempt-to-enforce-guidance/