· 4/27/2023
People ex rel. Rudolph v. Lilley
Citations
- 215 A.D.3d 1196
- 186 N.Y.S.3d 743
- 2023 NY Slip Op 02153
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Forest Service had standing where it “challenge[d] what the district court ordered it to do on remand”
- explaining that “serious questions” do not exist where injunctive relief depends on “an incorrect interpretation of a statute”
- stating that issues not previously resolved are “better left for the district court in the first instance on remand”
- explaining that where a statute, such as HFRA, “fails to provide a private right of action, judicial review of an agency action proceeds under the [APA]”
- explaining a party’s failure to raise a particular concern before an agency, “such as in comments during a public- comment process, usually waives a litigant’s rights to [raise that same concern] in court”
- “Challengers to government action cannot avoid waiver with cryptic and obscure objections or issues presented at a very high level of generality.” (cleaned up)
Source: CourtListener parenthetical corpus (CC0).
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.