Legal Opinion
Nebraska Department of Health & Human Services v. Department of Health & Human Services
Court of Appeals for the D.C. Circuit
Decided January 27, 2006No. 04-5429PublishedCited by 26 opinions
1Opinion of the Court
Opinion for the Court filed by Chief Judge GINSBURG.
GINSBURG, Chief Judge.
The United States Department of Health and Human Services (HHS) appeals from a judgment of the district court vacating three policy announcements for lack of notice and comment rulemaking and ordering approval of a cost allocation plan (CAP) submitted by the State of Nebraska Department of Health and Human Services (Nebraska). Because Nebraska challenged only HHS’s rejection of its proposed CAP, the district court erred in vacating the announcements. The court also abused its discretion when it determined the CAP should…
2Cases cited11 opinions
- McKart v. United StatesSupreme Court of the United States · 1969
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- Patrick Esch v. Clayton K. Yeutter, Secretary, U.S. Department of AgricultureCourt of Appeals for the D.C. Circuit · 1989
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- Massachusetts v. Microsoft Corp.Court of Appeals for the D.C. Circuit · 2004
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3Cited by26 opinions
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- Disability Rights Council of Greater Washington v. Washington Metropolitan Area Transit AuthorityDistrict Court, District of Columbia · 2006
- Stand Up for California! v. United States Department of the InteriorCourt of Appeals for the D.C. Circuit · 2018
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