Steve F. Montoya, Jr., M.D., West Texas Renal Care and West Texas Nephrology v. San Angelo Community Medical Center and Kirk Brewer, M.D.

How courts have described this case

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

• noting that “vacatur of an unlawful agency action normally accompanies remand” unless “equity demands” otherwise
• tiering to a non-NEPA document 14 “would be categorically improper under the [Council for Environmental Quality] regulations”
• explaining presumption of 8 vacatur under the APA must be overcome by the party seeking remand without vacatur
• finding “no reason not to vacate the lower court’s decision” where “mootness was not caused by the [appellant] in an attempt to evade an adverse decision”
• under 13 NFMA “[s]ite specific projects and activities must be consistent with an approved 14 forest plan.”
• “Although not without exception, vacatur of an unlawful agency action normally accompanies a remand.” (citing Alsea Valley All. v. Dep’t of Com., 358 F.3d 1181, 1185 (9th Cir. 2004))

Source: CourtListener parenthetical corpus (CC0).