To: ABA Conference Group
I am pleased to participate in the upcoming ABA conference which will discuss “ex parte” contacts.
Please note I have on prior occasions offered my opinion on an interpretation of a judicial decision, in particular Sierra Club v. Costle.
Individuals who know I am not an attorney have made inquiries regarding my credentials to make such interpretations.
Recognizing I could not correct, at least in the short run, the deficiencies in my DNA that prevented me from being an attorney I decided that the next best thing was to become a plaintiff and winning —-at least on the issue of the reviewability of a standalone report.
I am providing the following material in reference to the above.
Regards,
Jim Tozzi
Tozzi v. HHS is a precursor to the Data Quality Act which allowed outside parties to challenge theretofore non-challengeable scientific determinations made by regulatory agencies.
Tozzi v. HHS “is an important recognition that agency action short of actual regulation can have ramifications sufficient to justify judicial review.”
Judicial Citations:
Tozzi, Jim J. v. HHS, 271 F.3d 301 (D.C. Cir. 2001) as of 08.06.2014
- Sugar Cane Growers v. Veneman, Ann M., 289 F.3d 89 (D.C. Cir. 2002) Court of Appeals for the D.C. Circuit | May 10, 2002 | Cited 79 times
- Renal Physn Assn v. HHS, 489 F.3d 1267 (D.C. Cir. 2007) Court of Appeals for the D.C. Circuit | June 12, 2007 | Cited 27 times
- Connecticut v. American Elec. Power Co., Inc., 582 F.3d 309 (2d Cir. 2009) Court of Appeals for the Second Circuit | Sept. 21, 2009 | Cited 25 times
- Aref v. Holder, 774 F. Supp. 2d 147 (D.C. 2011) District Court, District of Columbia | March 30, 2011 | Cited 17 times
- In Re Navy Chaplaincy, 516 F. Supp. 2d 119 (D.C. 2007) District Court, District of Columbia | Oct. 15, 2007 | Cited 15 times
- Nader v. the Democratic Nat. Committee, 555 F. Supp. 2d 137 (D.C. 2008) District Court, District of Columbia | May 27, 2008 | Cited 14 times
- Public Citizen v. NAT. HWY TRAFFIC SAFETY ADMIN., 513 F.3d 234 (D.C. Cir. 2007) Court of Appeals for the D.C. Circuit | June 15, 2007 | Cited 12 times
- Levine v. Vilsack, 587 F.3d 986 (9th Cir. 2009) Court of Appeals for the Ninth Circuit | Nov. 20, 2009 | Cited 10 times
- Rumber v. District of Columbia, 598 F. Supp. 2d 97 (D.C. 2009) District Court, District of Columbia | Feb. 26, 2009 | Cited 10 times
- Natl Wrestling Assn v. EDUC, 383 F.3d 1047 (D.C. Cir. 2004) Court of Appeals for the D.C. Circuit | May 14, 2004 | Cited 9 times
- Natl Wrestling Assn v. EDUC, 383 F.3d 1047 (D.C. Cir. 2004) Court of Appeals for the D.C. Circuit | Oct. 8, 2004 | Cited 8 times
- AMERICAN FEDERATION OF GOVERNMENT EMPL. v. Hawley, 543 F. Supp. 2d 44 (D.C. 2008) District Court, District of Columbia | March 31, 2008 | Cited 6 times
- SAN LUIS WATER AUTHORITY v. Salazar, 638 F.3d 1163 (9th Cir. 2011) Court of Appeals for the Ninth Circuit | March 25, 2011 | Cited 5 times
- Sierra Club v. EPA, 325 F.3d 374 (D.C. Cir. 2003) Court of Appeals for the D.C. Circuit | April 25, 2003 | Cited 5 times
- Ctr Engy Econ Devel v. EPA, 398 F.3d 653 (D.C. Cir. 2005) Court of Appeals for the D.C. Circuit | Feb. 18, 2005 | Cited 4 times
- NB v. District of Columbia, 800 F. Supp. 2d 51 (D.C. 2011) District Court, District of Columbia | July 29, 2011 | Cited 3 times
- Renee v. Duncan, 573 F.3d 903 (9th Cir. 2009) Court of Appeals for the Ninth Circuit | July 23, 2009 | Cited 3 times
- City of Jersey City v. Consolidated Rail Corp., 741 F. Supp. 2d 131 (D.C. 2010) District Court, District of Columbia | Sept. 28, 2010 | Cited 2 times
- NDABA v. Obama, 697 F. Supp. 2d 75 (D.C. 2010) District Court, District of Columbia | March 23, 2010 | Cited 2 times
- Darensburg v. METROPOLITAN TRANSP. COM’N, 611 F. Supp. 2d 994 (N.D. Cal. 2009) District Court, N.D. California | March 27, 2009 | Cited 2 times
- Judicial Watch, Inc. v. US Dept. of Commerce, 576 F. Supp. 2d 172 (D.C. 2008) District Court, District of Columbia | Sept. 19, 2008 | Cited 2 times
- Long Term Care Pharmacy Alliance v. Leavitt, 530 F. Supp. 2d 173 (D.C. 2008) District Court, District of Columbia | Jan. 11, 2008 | Cited 2 times
- Americans for Safe Access v. DEA, 11-1265 (D.C. Cir. 2013) Court of Appeals for the D.C. Circuit | Jan. 22, 2013 | Cited 1 time
- Alliance for Natural Health US v. Sebelius, 775 F. Supp. 2d 114 (D.C. 2011) District Court, District of Columbia | April 6, 2011 | Cited 1 time
- Jacobrown v. United States, 764 F. Supp. 2d 221 (D.C. 2011) District Court, District of Columbia | Feb. 22, 2011 | Cited 1 time
- Nat. Ass’n of Home Builders v. US Army Corps, 699 F. Supp. 2d 209 (D.C. 2010) District Court, District of Columbia | March 30, 2010 | Cited 1 time
- Schaefer v. Geren, 607 F. Supp. 2d 61 (D.C. 2009)District Court, District of Columbia | March 23, 2009 | Cited 1 time
- AMERICAN NURSES ASS’N v. Leavitt, 593 F. Supp. 2d 126 (D.C. 2009)District Court, District of Columbia | Jan. 13, 2009 | Cited 1 time
- Animal Legal Defense Fund Animal Welfare Institute Valerie Buchanan Jane Garrison Nancy Megna, National Association for Biomedical Research, Intervenor-Appellee v. Ann M. Veneman Bobby R. Acord Chester A. Gipson, 469 F.3d 826 (9th Cir. 2006) Court of Appeals for the Ninth Circuit | Nov. 22, 2006 | Cited 1 time
- City of Duluth v. National Indian Gaming Commission, Civil Action No. 2013-0246 (D.C. 2013)District Court, District of Columbia | Dec. 18, 2013 | Cited 0 times
- Francis Gilardi v. HHS, 13-5069 (D.C. Cir. 2013)Court of Appeals for the D.C. Circuit | Nov. 1, 2013 | Cited 0 times
- Bloomberg L.P. v. United States Commodity Futures Trading Commission, Civil Action No. 2013-0523 (D.C. 2013) District Court, District of Columbia | June 7, 2013 | Cited 0 times
- Styrene Information and Research Center, Inc. v. Sebelius, Civil Action No. 2011-1079 (D.C. 2013)District Court, District of Columbia | May 15, 2013 | Cited 0 times
- Akiachak Native Community v. United States Department of Interior, Civil Action No. 2006-0969 (D.C. 2013)District Court, District of Columbia | March 31, 2013 | Cited 0 times
- Common Cause v. Biden, Civil Action No. 2012-0775 (D.C. 2012)District Court, District of Columbia | Dec. 21, 2012 | Cited 0 times
- Bank of America, National Association v. Federal Deposit Insurance Corporation, Civil Action No. 2010-1681 (D.C. 2012)District Court, District of Columbia | Dec. 11, 2012 | Cited 0 times
- Styrene Information and Research Center, Inc. v. Sebelius, Civil Action No. 2011-1079 (D.C. 2012)District Court, District of Columbia | March 30, 2012 | Cited 0 times
- In Re: Navy Chaplaincy, Misc. No. 2007-0269 (D.C. 2012)District Court, District of Columbia | March 21, 2012 | Cited 0 times
- Beshir v. Holder, Civil Action No. 2010-0652 (D.C. 2012)District Court, District of Columbia | March 9, 2012 | Cited 0 times
- In Re: Navy Chaplaincy, Misc. No. 2007-0269 (D.C. 2012)District Court, District of Columbia | Jan. 30, 2012 | Cited 0 times
- Nb v. District of Columbia, Civil Action No. 2010-1511 (D.C. 2011) District Court, District of Columbia | Aug. 8, 2011 | Cited 0 times
- Alliance for Natural Health US v. Sebelius, Civil Action No. 2009-1523 (D.C. 2011) District Court, District of Columbia | April 6, 2011 | Cited 0 times
- Aref v. Holder, Civil Action No. 2010-0539 (D.C. 2011) District Court, District of Columbia | March 30, 2011 | Cited 0 times
- Jacobrown v. Garcia, Civil Action No. 2009-1420 (D.C. 2011) District Court, District of Columbia | Feb. 22, 2011 | Cited 0 times
- Dorsey v. District of Columbia, 747 F. Supp. 2d 22 (D.C. 2010) District Court, District of Columbia | Nov. 2, 2010 | Cited 0 times
- Dorsey v. Government of the District of Columbia, Civil Action No. 2010-0741 (D.C. 2010) District Court, District of Columbia | Nov. 2, 2010 | Cited 0 times
- City of Jersey City v. Consolidated Rail Corporation, Civil Action No. 2009-1900 (D.C. 2010) District Court, District of Columbia | Sept. 28, 2010 | Cited 0 times
- National Association of Home Builders v. United States Army Corps of Engineers, Civil Action No. 2007-0972 (D.C. 2010) District Court, District of Columbia | March 30, 2010 | Cited 0 times
- Ndaba v. Bush, Civil Action No. 2009-0117 (D.C. 2010) District Court, District of Columbia | March 23, 2010 | Cited 0 times
- Comer v. Murphy Oil USA, 607 F.3d 1049 (5th Cir. 2009) Court of Appeals for the Fifth Circuit | Oct. 22, 2009 | Cited 0 times
- Rumber v. District of Columbia, Civil Action No. 2004-1170 (D.C. 2009) District Court, District of Columbia | Feb. 26, 2009 | Cited 0 times
- American Nurses Association v. Leavitt, Civil Action No. 2006-1087 (D.C. 2009) District Court, District of Columbia | Jan. 13, 2009 | Cited 0 times
- Cm MA v. EPA, 03-1361 (D.C. Cir. 2005) Court of Appeals for the D.C. Circuit | July 15, 2005 | Cited 0 times
