· 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 CourtListenerSourced 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.