Zone Of Interests Test

500 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Natural Res. Def. Council, Inc. v. United States Env't Prot. Agency
  507 F.2d 905· 9th Cir.· 1974-11-11 ·cited 28×
  The court held that Arizona's statutory scheme allowing "conditional permits" (variances) for pollution sources is permissible under the Clean Air Act, provided the EPA ultimately approves each variance and it does not endanger public health or safety. The court also found that t
• Ballerina PEN Co. v. Kunzig
  433 F.2d 1204· D.C. Cir.· 1970-04-24 ·cited 28×
  Appellants have standing to challenge the Committee's actions regarding the inclusion of ball point pens and refills on the Schedule of Blind-Made Products.
• Nat'l Fed'n OF Fed. Emps. v. Cheney
  883 F.2d 1038· D.C. Cir.· 1989-08-25 ·cited 27×
  The dissent argues that federal employees, who stand to lose their jobs due to contracting out decisions, should have standing to sue under the APA's zone of interest test, as their interests are sufficiently related to the statutes' goals of economy and efficiency.
• Fla. Soc'y OF Ophthalmology v. State of Fla. Bd. OF Optometry & State of Fla. Dep't of Prof'l Reg.
  532 So. 2d 1279· Fla. 1st DCA· 1988-10-06 ·cited 27×
  Ophthalmologists and their associations challenged the Board of Optometry's authority to certify optometrists to administer and prescribe topical ocular drugs under a 1986 Florida statute. The court held that physicians lack standing to participate in individual optometrist certi
• Alvarez v. Romulo Medina Longboy
  697 F.2d 1333· 9th Cir.· 1983-02-02 ·cited 27×
  The court held that the trial court has discretion in awarding damages under 7 U.S.C. § 2050a, as damages are not mandatory.
• Commonwealth OF Pa. v. Kleppe
  533 F.2d 668· D.C. Cir.· 1976-03-04 ·cited 27×
  The court held that a state may have standing to sue the federal government to ensure proper enforcement of a federal statute, distinguishing this from challenges to the federal government's constitutional authority.
• N. Shore GAS Co. v. Env't Prot. Agency
  930 F.2d 1239· 7th Cir.· 1991-04-25 ·cited 26×
  The court held that the construction of a new slip, as part of an EPA-ordered remedial plan, constitutes 'remedial action' barred from pre-completion judicial review by CERCLA § 113(h).
• Humane Soc'y OF THE United States v. Hodel
  840 F.2d 45· D.C. Cir.· 1988-02-24 ·cited 26×
  The court held that the Humane Society of the United States (HSUS) has standing to challenge the opening of wildlife refuges to hunting, but its member Roger Kindler only had standing to challenge NEPA violations at Chincoteague. The court affirmed the Wildlife Service's complian
• Forelaws ON Bd. v. Johnson
  743 F.2d 677· 9th Cir.· 1984-09-25 ·cited 26×
  The court held that the Bonneville Power Administration (BPA) violated the National Environmental Policy Act (NEPA) by failing to prepare an Environmental Impact Statement (EIS) before offering long-term power delivery contracts. However, the court declined to enjoin the operatio
• Granville House, Inc. v. Dep't OF Health & Human Servs.
  715 F.2d 1292· 8th Cir.· 1983-08-18 ·cited 26×
  The court held that while Granville has standing and the issue is ripe, the district court should have allowed the Grant Appeals Board to issue a final decision before ruling on the merits.
• United States v. Mattson
  600 F.2d 1295· 9th Cir.· 1979-07-17 ·cited 26×
  The United States may not bring suit to protect the constitutional rights of mentally retarded individuals without express statutory approval, even if alleging inhumane conditions.
• Evans v. Lynn
  537 F.2d 571· 2d Cir.· 1975-06-02 ·cited 26×
  The dissent argues that minority residents of a county should have standing to challenge federal agency inaction in furthering housing policy mandates.
• Higginbotham v. Barrett
  473 F.2d 745· 5th Cir.· 1973-02-14 ·cited 26×
  The court held that plaintiffs lacked standing to sue under the Federal Water Pollution Control Act and that their claims against county officials based on due process and equal protection were not substantial federal questions.
• Rasmussen v. Hardin
  461 F.2d 595· 9th Cir.· 1972-03-29 ·cited 26×
  The court held that consumers lack standing to challenge a milk marketing order because the Agricultural Marketing Agreement Act limits judicial review to handlers, and Rasmussen failed to exhaust his administrative remedies.
• Lanoue v. Fla. Dep't of Law Enf't
  751 So. 2d 94· Fla. 1st DCA· 1999-12-29 ·cited 25×
  Gary Lanoue appeals an ALJ's dismissal of his petition challenging Florida Department of Law Enforcement rules governing breath-testing procedures used in DUI prosecutions, alleging lack of standing. The court reverses the standing determination regarding the challenged rules but
• Sierra Club v. Andrus
  610 F.2d 581· 9th Cir.· 1979-10-31 ·cited 25×
  The court held that Congress implicitly authorized the Tracy Pumping Plant through a combination of authorizing legislation and subsequent appropriations, distinguishing it from prior cases where appropriations alone were insufficient.
• Comm. FOR Full Emp. v. Blumenthal
  606 F.2d 1062· D.C. Cir.· 1979-06-12 ·cited 25×
• Am. Soc'y OF Travel Agents, Inc. v. Blumenthal
  566 F.2d 145· D.C. Cir.· 1977-09-15 ·cited 25×
  The court held that a taxpayer suffering competitive injury lacks standing to challenge tax rulings applicable to a third party, based on general doctrines of standing rather than specific taxpayer suit principles.
• State v. Caspar W. Weinberger
  492 F.2d 488· 5th Cir.· 1974-04-10 ·cited 25×
  The court held that the issues of ripeness and standing were met, allowing the case to proceed to a determination on the merits.
• David v. Am. Suzuki Motor Corp.
  629 F. Supp. 2d 1309· S.D. Fla.· 2009-06-16 ·cited 24×
  The court held that the express warranty claim would be converted to summary judgment due to a recall, and dismissed implied warranty and other claims for lack of privity or failure to state a claim.
• Rapid Transit Advocates, Inc. v. S. Cal. Rapid Transit Dist.
  752 F.2d 373· 9th Cir.· 1985-01-18 ·cited 24×
  The court held that appellants lacked standing to sue under the APA and that no private right of action could be implied under the UMT Act for the challenged agency action.
• Nat'l Union OF Hosp. & Health Care Emps., Rwdsu, AFL-CIO v. Carey
  557 F.2d 278· 2d Cir.· 1977-03-18 ·cited 24×
  The dissenting judge held that health care employees, through their unions, have standing to challenge a state regulation that limits Medicaid reimbursement for wages, as it impacts their right to bargain collectively and receive reasonable compensation under federal law.
• Chicano Police Officer's Ass'n v. Stover
  526 F.2d 431· 10th Cir.· 1975-11-20 ·cited 24×
  The court held that the plaintiffs, both the Association and individual officers, had standing to challenge the police department's hiring policies, and that the exclusion of evidence regarding prior promotional examinations was an error requiring a new hearing.
• Cotovsky - Kaplan Physical Therapy Assoc., Ltd. v. United States
  507 F.2d 1363· 7th Cir.· 1975-01-07 ·cited 24×
  A supplier of services, whose own interests are not directly regulated by statute, has standing to challenge a regulation that requires its regulated customers to contract only with other types of suppliers.
• Potomac Passengers Ass'n v. Chesapeake & Ohio Ry. Co. & Baltimore & Ohio R.R. Co.
  475 F.2d 325· D.C. Cir.· 1973-01-05 ·cited 24×
  Injured and aggrieved parties have standing to seek injunctions against violations of the Rail Passenger Service Act, despite the Act's specific provisions for the Attorney General and employees.
• City OF Hartford v. Towns OF Glastonbury
  561 F.2d 1032· 2d Cir.· 1976-12-23 ·cited 23×
  The court held that the plaintiffs, including a city and its low-income residents, lacked standing to challenge the Department of Housing and Urban Development's waiver of a requirement in the Housing and Community Development Act of 1974.
• Coal. FOR THE Env't v. Volpe
  504 F.2d 156· 8th Cir.· 1974-07-31 ·cited 22×
  The court held that the trial court erred in dismissing the case for lack of standing, as plaintiffs' allegations of aesthetic and environmental harm, coupled with potential traffic and pollution impacts, were sufficient to establish injury in fact.
• Peregood v. Cosmides
  663 So. 2d 665· Fla. 5th DCA· 1995-10-27 ·cited 21×
  Michael Peregood, a minor, challenged his adoption by his natural mother on grounds that it was a sham designed to circumvent child support obligations. The trial court dismissed his declaratory action, but the appellate court reversed, holding that a minor can have standing to c
• Fed. Deposit Ins. Corp. v. Morley
  867 F.2d 1381· 11th Cir.· 1989-03-16 ·cited 21×
  The court held that Morley lacked standing to challenge the FDIC's financial assistance program because he failed to demonstrate a judicially cognizable injury, the alleged injury was not fairly traceable to the FDIC's conduct, and a favorable decision would not redress his claim
• Ctr. FOR Auto Safety v. Thomas
  847 F.2d 843· D.C. Cir.· 1988-05-17 ·cited 21×
  The en banc court, divided on standing, reinstated the panel decision affirming in part and reversing/remanding in part the EPA's rule, but established no precedent on standing.
• Water Transp. Ass'n v. Interstate Commerce Comm'n & United States
  819 F.2d 1189· D.C. Cir.· 1987-06-05 ·cited 21×
  The court held that the Water Transport Association (WTA) lacked standing to challenge the Interstate Commerce Commission's public disclosure of rail-rate contract terms because WTA's interests were not arguably within the zone of interests protected by the Staggers Rail Act.
• Preston v. Heckler
  734 F.2d 1359· 9th Cir.· 1984-06-07 ·cited 21×
• ALL Risk Corp. OF Fla. v. State
  413 So. 2d 1200· Fla. 1st DCA· 1982-03-25 ·cited 21×
  This appeal concerns whether service companies and a self-insured hospital have standing to challenge proposed administrative rules governing self-insurers under workers' compensation law. The court held that while the service companies lack standing based on insufficient allegat
• Spector v. L Q Motor Inns, Inc.
  517 F.2d 278· 5th Cir.· 1975-08-08 ·cited 21×
  The court held that the district court erred in dismissing the fraud action for lack of jurisdiction without a plenary hearing on the merits, as the jurisdictional and substantive issues were factually intertwined.
• E.M. Diagnostic Sys., Inc. v. Local 169
  812 F.2d 91· 3d Cir.· 1987-02-13 ·cited 20×
  A grievance is arbitrable under a broad arbitration clause if its subject matter falls within the zone of interests protected by the collective bargaining agreement, and there is no clear evidence of intent to exclude it from arbitration.
• Glass Packaging Inst. v. Regan
  737 F.2d 1083· D.C. Cir.· 1984-06-08 ·cited 20×
  The court held that the plaintiffs lacked standing to challenge the Bureau's procedural compliance with the Administrative Procedure Act because their alleged injury fell outside the zone of interests protected by the relevant statute. The court also held that the Bureau's enviro
• Gomez v. Alexian Bros. Hosp. OF SAN Jose
  698 F.2d 1019· 9th Cir.· 1983-02-09 ·cited 20×
  The court held that the plaintiff had standing to sue under Title VII and sections 1981 and 1985(3) for discrimination in contract rejection, even if he was an independent contractor or the corporation was the primary applicant.
• Roscoe James v. Home Constr. Co. OF Mobile, Inc.
  689 F.2d 1357· 11th Cir.· 1982-10-25 ·cited 20×
  A plaintiff's attorney in a Truth-in-Lending Act case has standing to seek attorney's fees after the underlying claim has been settled.
• Regis J. Kirby v. United States Gov't
  675 F.2d 60· 3d Cir.· 1982-03-19 ·cited 20×
  Residents of a neighborhood have standing to challenge HUD's funding approval for a subsidized housing project, and their claims are subject to judicial review.
• Gifford-Hill & Co., Inc. v. Fed. Trade Comm'n
  523 F.2d 730· D.C. Cir.· 1975-11-20 ·cited 20×
  The court held that the FTC's decision to initiate an adjudicatory proceeding is not an agency action reviewable under the APA, and the plaintiff's NEPA claim was premature.
• Gibson & Perin Co. v. City OF Cincinnati
  480 F.2d 936· 6th Cir.· 1973-06-26 ·cited 20×
  The court held that while plaintiffs may have suffered economic injury, the applicable statutes and case law do not permit a subsequent judicial remedy after legislative decisions.
• N. Ridge Gen. Hosp., Inc. v. NME Hosps., Inc.
  478 So. 2d 1138· Fla. 1st DCA· 1985-11-15 ·cited 19×
  North Ridge General Hospital challenged HRS's issuance of a certificate of need to Delray Community Hospital for cardiac services in Palm Beach County. The court affirmed the decision, holding that North Ridge lacked standing because its injury was purely economic competition, wh
• Int'l Union OF Bricklayers & Allied Craftsmen v. Meese
  761 F.2d 798· D.C. Cir.· 1985-05-17 ·cited 19×
  The court held that the district court erred in dismissing the complaint for lack of jurisdiction, standing, and mootness, finding that the appellants had standing to challenge the INS Operations Instruction.
• Matzke v. Block
  732 F.2d 799· 10th Cir.· 1984-04-24 ·cited 19×
  The court held that the Secretary of Agriculture has a duty to implement the remedies provided by 7 U.S.C. § 1981a through regulations, and cannot exercise discretion to simply ignore the statute.
• Bowman v. Wilson
  672 F.2d 1145· 3d Cir.· 1982-02-08 ·cited 19×
  A serviceman under court-martial lacks standing to challenge pending proceedings based on subsequent criminal activity subjecting him to another jurisdiction's authority. Habeas corpus relief is barred by the doctrines of exhaustion of military remedies and Younger abstention.
• Armstrong v. Bush
  924 F.2d 282· D.C. Cir.· 1991-01-25 ·cited 18×
  The court held that the Presidential Records Act (PRA) impliedly precludes judicial review of the President's recordkeeping decisions, and the President is not an 'agency' under the Administrative Procedure Act (APA). However, the Federal Records Act (FRA) does not preclude judic
• Pub. Interest Research Grp. OF NEW Jersey, Inc. v. Powell Duffryn Terminals Inc.
  913 F.2d 64· 3d Cir.· 1990-08-20 ·cited 18×
  The court held that the plaintiffs' alleged injuries were not sufficiently traceable to the defendant's specific discharge to establish constitutional standing, despite the defendant's egregious pollution record.
• Competitive Enter. Inst. v. Nat'l Hwy. Traffic Safety Admin.
  901 F.2d 107· D.C. Cir.· 1990-01-19 ·cited 18×
  Consumer Alert has standing to challenge NHTSA's decision not to lower CAFE standards because its members suffer economic injury from continued surcharges on larger cars.
• Terrie G. Reid v. Dep't OF Commerce
  793 F.2d 277· Fed. Cir.· 1986-05-30 ·cited 18×
  A labor union lacks standing to appeal an MSPB decision on behalf of its members under 5 U.S.C. § 7703(a)(1) because the statute defines 'employee' as an individual and Congress intended to narrowly circumscribe who may initiate appellate review.
• The Radio & Television News Ass'n of S. Cal. v. United States Dist. Court FOR the Cent. Dist. OF Cal.
  781 F.2d 1443· 9th Cir.· 1986-02-10 ·cited 18×
  Restraints on trial participants' extrajudicial statements to the media, while indirectly affecting media access, do not infringe the First Amendment freedom of the press.