Skip to main content
· 11/14/1975

Milo Community Hospital, Etc. v. Caspar W. Weinberger

Citations

  • 525 F.2d 144
  • 6 Envtl. L. Rep. (Envtl. Law Inst.) 20027
  • 8 ERC (BNA) 1588
  • 1975 U.S. App. LEXIS 11910
  • 8 ERC 1588

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that no EIS was necessary where \consideration of the factors that the appellant has characterized as 'environmental considerations' could not havechanged the Secretary's decision\
  • holding that the Secretary of HEW was not required to file an EIS when decertifying a hospital for non-compliance with safety code because he had a statutory duty to close the hospital and no discretion to take environmental factors into consideration
  • finding that no EIS was necessary where “consideration of the factors that the appellant has characterized as ‘environmental considerations’ could not have changed the Secretary's decision”
  • no jurisdiction over provider’s claim that its termination from Medicare program violated due process and equal protection clauses; plaintiff failed to seek available administrative remedies
  • “Salfi’s restrictions on judicial review to that provided in the Act ‘[are] not made inapplicable by reason of a constitutional challenge, beyond the power of the Secretary to make remedial action.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Coffin, McEntee, Thomsen'

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.