Legal Opinion
Council for Urological Interests v. Sebelius
District Court, District of Columbia
Decided December 10, 2010No. Civil Action 09-00546 (HHK)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
HENRY H. KENNEDY, JR., District Judge.
Plaintiff Council for Urological Interests (“CUI”) brings this action against the United States and Kathleen Sebelius, in her official capacity as Secretary of the Department of Health and Human Services, under the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701-706, and the Regulatory Flexibility Act (“RFA”), 5 U.S.C. §§ 601-612. CUI alleges that the Centers for Medicare and Medicaid Services (“CMS”), acting under the Secretary’s authority, has promulgated regulations that exceed its statutory powers under the Stark Act, 42 U.S.C.…
2Cases cited17 opinions
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- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Ex Parte McCardleSupreme Court of the United States · 1869
- Jerome Stevens Pharmaceuticals, Inc. v. Food & Drug AdministrationCourt of Appeals for the D.C. Circuit · 2005
- Shalala v. Illinois Council on Long Term Care, Inc.Supreme Court of the United States · 2000
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3Cited by2 opinions
- Council for Urological Interes v. Kathleen SebeliusCourt of Appeals for the D.C. Circuit · 2011
- Council for Urological Interests v. SebeliusDistrict Court, District of Columbia · 2013