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

These appeals challenged the EPA's promulgation of rules in response to the Supreme Court's holding that greenhouse gases unambiguously qualify as an "air pollutant" under the Clean Air Act, 42 U.S.C. 7401. At issue was implementation of Part C of Title I of the Act permitting requirements in several States without implementation plans for greenhouse gases as of January 2, 2011, when the emission standards in the Tailpipe Rule took effect. The court held that under the plain text of sections 165(a) and 167, the permitting requirements were self-executing without regard to previously approved state implementation plans. The court concluded that petitioners lacked Article III standing to challenge the rules because industry petitioners failed to show how they have been injured in fact by rules enabling issuance of the necessary permits and state petitioners failed to show how vacating the rules would redress their purported injuries. Accordingly, the court dismissed the petitions for lack of jurisdiction. View "State of Texas, et al. v. EPA" on Justia Law

OOIDA, a trade association, challenged the decision of the FMCSA to exempt commercial vehicle operators licensed in Canada or Mexico from certain statutory medical certification requirements applicable to drivers licensed in the United States. The FMCSA claimed that applying these requirements would violate existing executive agreements between those two countries and the United States. The court agreed with the government that absent some clear and overt indication from Congress, the court would not construe a statue to abrogate existing international agreements even when the statute's text was not itself ambiguous. The court presumed that the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (the "Act"), Pub. L. No. 109-59, 119 Stat. 1144, was not intended to abrogate the executive agreements with Mexico and Canada and held that the FMCSA's implementing rules appropriately understood the medical certificate requirement to apply only to drivers based in the United States. The court rejected OOIDA's secondary argument and denied the petition for review. View "Owner-Operator Independent Drivers Ass'n, Inc. v. U.S. Dept. of Transp., et al." on Justia Law

Plaintiff, an employee of the GSA, sued her supervisor for defamation and interference with her attempts to secure alternative employment. Under the Westfall Act, 28 U.S.C. 2679, the U.S. Attorney General certified that the supervisor's conduct was within the scope of his employment and removed the case to federal district court, substituting the United States as the defendant. The court affirmed the district court's dismissal for lack of subject matter jurisdiction, concluding that the supervisor acted within the scope of his employment and plaintiff's suit was jurisdictionally barred by the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq. View "Jacobs v. Vrobel" on Justia Law

This case arose when SSA filed a complaint with the Commission alleging that the Port Department violated the Shipping Act, 46 U.S.C. 41102(c), 41106(2)-(3). The ALJ denied the City's motion to dismiss the complaint on grounds of sovereign immunity. The Commission affirmed and the City, which managed the port, appealed. The court denied the petition concluding that the City was not entitled to dismissal based on sovereign immunity where there was no record evidence suggesting suits against the Port Department effectively target the State of California. View "City of Oakland v. Federal Maritime Commission" on Justia Law

Petitioners petitioned for review of the EPA's most recent revisions to the primary and secondary National Ambient Air Quality Standards (NAAQS) for ozone. The court rejected Mississippi and the industry groups' challenge to the primary and secondary NAAQS standards; the court denied the governmental and environmental petitions with respect to the primary standard; but the court granted their petition with respect to the secondary standard. Because EPA failed to determine what level of protection was "requisite to protect the public welfare," EPA's explanation for the secondary standard violated the Clean Air Act, 42 U.S.C. 7401. Accordingly, the court remanded the secondary NAAQS to the EPA for reconsideration and denied the petition in all other respects. View "State of Mississippi v. EPA" on Justia Law

Petitioner, an energy trader, challenged FERC's order to pay a $50,000 civil penalty because petitioner had made false statements and material omissions in forms he filed with the Commission and a market operator the Commission regulates. The court agreed with FERC that petitioner's admissions supported summary disposition without a hearing; because petitioner's actions were worse than careless, FERC reasonably concluded that he violated Market Behavior Rule 3; petitioner's arguments under the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq., were without merit; and petitioner failed to show that FERC increased his penalty to promote general deterrence. Accordingly, the court denied the petition for review. View "Kourouma v. FERC" on Justia Law

Gentiva, a provider of home healthcare services, contended that the Secretary violated the Medicare statute, 42 U.S.C. 1395ddd(f)(3), by delegating to an outside contractor the authority to determine whether Gentiva's Medicare reimbursement claims exhibited a "sustained or high level of payment error." The court affirmed the district court's decision to defer, under Chevron deference, to the Secretary's reasonable interpretation of section 1395ddd(f)(3). The court also agreed with the district court that section 1395ddd(f)(3) precluded the court from reviewing the merits of the "sustained or high level of payment error" determination. Accordingly, the court affirmed the judgment in its entirety. View "Gentiva Healthcare Corp. v. Sebelius" on Justia Law

Plaintiff, an attorney, filed suit against the Judge Advocate General (JAG) of the Navy and others, alleging violation of his constitutional rights in an administrative decision which suspended him from practice before naval courts. The disciplinary proceedings stemmed from plaintiff's filing of an appellate brief containing statements he knew were false and misleading. The court concluded that the district court did not err in holding that the Navy JAG had authority to discipline plaintiff; plaintiff received ample due process and his Fifth Amendment rights were not violated during the proceedings against him; and the record did not support plaintiff's Administrative Procedure Act (APA), 5 U.S.C. 551, 701, and 706, claim. Accordingly, the court affirmed the district court's dismissal of plaintiff's claims and denied his request for mandamus review. View "Partington v. Houck, et al." on Justia Law

Plaintiffs, a group of prisoners, filed suit against the FDA for allowing state correctional departments to import sodium thiopental (thiopental), a misbranded and misapproved new drug used in lethal injection protocols, in violation of the Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. 381(a), and the Administrative Procedure Act (APA), 5 U.S.C. 706(2)(A). The court concluded that, because there were clear statutory guidelines for the agency to follow in exercising its enforcement powers, the FDA's compliance with section 381(a) was subject to judicial review under the standards of the APA. The court also concluded that the FDA's policy of admitting foreign manufactured thiopental destined for state correctional facilities were not in accordance with law because section 381(a) required the agency to sample and examine for violations of any drug offered for import that had been prepared in an unregistered facility. The court concluded, however, that the district court erred by failing to seek the joinder of the state governments whose possession and use of the thiopental at issue the court declared illegal. Accordingly, the order of the district court pertaining to the thiopental already in the possession of the states was vacated, but the underlying judgment of the district court was affirmed. View "Cook, et al. v. FDA, et al." on Justia Law

Seeking to construct a natural gas compressor station in Maryland, Dominion applied for and received a certificate of public convenience and necessity from FERC. The Department subsequently twice refused to process Dominion's application for an air quality permit and Dominion sought expedited review from the court. The court granted Dominion's petition and remanded for further action because the Department's failure to act to grant, condition, or deny Dominion's air quality permit was inconsistent with federal law. View "Dominion Transmission, Inc. v. Summers, et al." on Justia Law