Justia U.S. D.C. Circuit Court of Appeals Opinion Summaries

Articles Posted in August, 2012
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Appellants, researchers in the field of adult stem cells who oppose the use of federal funding for the development of embryonic stem cell (ESC) research, filed a complaint seeking declaratory and injunctive relief against the Secretary's implementation of regulations allowing federal funding of such research. The court, applying Chevron analysis, held that the NIH had reasonably interpreted the Dickey-Wicker Amendment's ban on funding "research in which . . . embryos are destroyed" to allow federal funding of ESC research. Further, the preliminary-injunction exception was not applicable to the law-of-the-case preclusion. The court also held that the NIH's interpretation of the Dickey-Wicker Amendment's actual language was reasonable and the NIH's decision to dismiss the comments categorically objecting to ESC was not arbitrary or capricious. Accordingly, the court affirmed summary judgment in favor of the government. View "Sherley, et al. v. Sebelius, et al." on Justia Law

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The Family Smoking Prevention and Tobacco Control Act, Pub. L. No. 111-31, 123 Stat. 1776, directed the Secretary to issue regulations requiring all cigarette packages manufactured or sold in the United States to bear one of nine new textual warnings, as well as "color graphics depicting the negative health consequences of smoking." Companies challenged the FDA's rule through which it selected nine images that would accompany the statutorily-prescribed warnings. The court held that the FDA failed to present any data showing that enacting their proposed graphic warnings would accomplish the agency's stated objective of reducing smoking rates. Therefore, the court vacated the graphic warning requirements and remanded to the FDA. The court also vacated the permanent injunction issued by the district court. View "R.J. Reynolds Tobacco Co., et al. v. FDA, et al." on Justia Law

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This appeal stemmed from a petition to review the EPA's August 2011 implementation of the statutory good neighbor requirement, the Transport Rule, also known as the Cross-State Air Pollution Rule, which defined emissions reduction responsibilities for 28 upwind States based on those States' contributions to downwind States' air quality problems. The court held that the Transport Rule exceeded the EPA's statutory authority (1) by using the good neighbor provision to impose massive emissions reduction requirements on upwind States without regard to the limits imposed by the statutory text and (2) by departing from its consistent prior approach to implementing the good neighbor provision and violating the Clean Air Act, 42 U.S.C. 7401 et seq., because it did not allow the States the initial opportunity to implement the required reductions with respect to sources within their borders. View "EME Homer City Generation, L.P v. EPA" on Justia Law

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Petitioners, trade associations whose members were part of the petroleum and food industries, filed petitions for review of two Environmental Protection Agency (EPA) decisions approving the introduction of E15 - a blend of gasoline and fifteen percent ethanol - for use in select motor vehicles and engines. Petitioners were members of several industry groups, which the D.C. Circuit Court of Appeals divided into an engine-products group, a petroleum group, and a food group. Petitioners contended, among other things, that EPA lacked authority under the Clean Air Act to grant partial waivers approving the use of E15. The D.C. Circuit Court of Appeals dismissed all petitions for lack of jurisdiction, holding that none of the petitioners had established standing to bring this action. View "Grocery Mfrs. Ass'n v. EPA " on Justia Law

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The Fish and Wildlife Services, an agency in the Department of the Interior, removed the West Virginia Northern Flying Squirrel from the list of endangered species. Friends of Blackwater filed a complaint in the district court claiming (1) promulgation of the delisting rule violated the Endangered Species Act by ignoring the objective, measurable criteria in the Recovery Plan and (2) the Rule itself was arbitrary and capricious. The district court entered summary judgment for the plaintiff on the ground that the Service violated the Act by removing the squirrel from the list of endangered species when several criteria in the agency's Recovery Plan for the species had not been satisfied. The D.C. Circuit Court of Appeals reversed, holding (1) the district court erred by interpreting the Recovery Plan as binding the Secretary of the Interior in his delisting decision; and (2) the Service's action was not arbitrary, capricious, and contrary to law. View "Friends of Blackwater v. Salazar" on Justia Law

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After a jury trial, Defendant was convicted for conspiracy to distribute narcotics. At issue on appeal was whether the government proved, beyond a reasonable doubt, that Defendant knowingly entered into the conspiracy with the specific intent to further the unlawful objective of drug distribution. The D.C. Circuit Court of Appeals reversed, holding (1) there was no affirmative evidence that Defendant knowingly joined the narcotics conspiracy or had the specific intent to further its aims; and (2) given the scope of the government's investigation and the role its witnesses played in the conspiracy, any reasonable jury should have wondered why the government could not find such evidence. View "United States v. Gaskins" on Justia Law

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The Council of the City of New Orleans and the Louisiana Public Service Commission petitioned for review of an order of the Federal Energy Regulatory Commission (FERC) allowing two companies to withdraw from a regional energy system agreement without paying exit fees. FERC concluded that there was nothing in the agreement that compelled payments prior to withdrawal. FERC found that, under the terms of the agreement, (1) withdrawing companies were not obligated to pay exit fees, and (2) once companies left the agreement, they no longer needed to continue to make rough equalization payments. The D.C. Circuit Court of Appeals denied the petitions for review, holding that FERC's findings were reasonable. View "Council of City of New Orleans v. FERC" on Justia Law

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Underlying this appeal was the case of Center for Biological Diversity v. Interior, in which the Court vacated a five-year program for expanding leases for oil and gas development in the coast of Alaska. The U.S. Department of Interior, which approved the program, then issued a new five-year program. Here, the Native Village of Point Hope, Alaska, petitioned the D.C. Circuit Court of Appeals for reimbursement of attorneys' fees and costs it incurred in this matter. The D.C. Circuit allowed reimbursement in the amount of $192,293 in fees and $8,493 in costs, for a total reimbursement of $200,786. View "Ctr. for Biological Diversity v. DOI" on Justia Law

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Laura Elkins and her husband, John Robbins, brought suit against the District of Columbia and some of its officials, alleging violations of the Fourth and Fifth Amendments for the search of Elkins' home and the seizure of Elkins' notebook, which related to a home renovation. Plaintiffs also alleged that Defendants' outrageous conduct trampled Elkins' due process rights. The district court concluded that the seizure of the notebook was illegal and entered judgment against two District officials but assessed nominal damages of one dollar each. The D.C. Circuit Court of Appeals affirmed the district court's orders in all respect except that the entries of summary judgment against the two District officials were vacated and the case remanded with instructions to enter judgment in their favor because the District and its officials were entitled to summary judgment on all Plaintiffs' claims. View "Elkins v. Dist. of Columbia" on Justia Law

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After the State Department terminated the employment of Appellant on his sixty-fifth birthday, Appellant brought suit alleging that his forced retirement violated the federal employment provisions of the Age Discrimination in Employment Act (ADEA). The district court dismissed Appellant's complaint on the ground that the statute under which Appellant was hired, section 2(c) of the Basic Authorities Act, permitted the Department to exempt Appellant from the protections of the ADEA. The D.C. Circuit Court of Appeals reversed, finding nothing in the Basic Authorities Act that abrogates the ADEA's broad proscription against personnel actions that discriminate on the basis of age. View "Miller v. Clinton" on Justia Law