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This appeal involved the Company's effort to have declared invalid a Crossing Agreement entered into in 2012 by Michigan State officials and the Government of Canada to build another bridge spanning the Detroit River, within two miles of the Ambassador Bridge. The DC Circuit held that the district court properly granted summary judgment as to Count 7, which alleged that the Secretary failed to inquire adequately into Michigan law and, to the extent an inquiry was made, the Secretary's action was arbitrary and capricious. The court reasoned that neither the plain text of Section 3 nor other provisions of the International Bridge Act (IBA), 33 U.S.C. 535 et seq., require the Secretary to inquire into state law. Therefore, the Secretary did not clearly err in approving the Crossing Agreement and the court affirmed summary judgment. The court also held that the district court properly dismissed Counts 2 and 3, which alleged that approval of the Crossing Agreement was unlawful because it contradicted federal laws; Count 1, which alleged a non-delegation claim; and Count 6, which alleged that the issuance of a Presidential Permit by the Secretary of State was final agency action, regardless of whether this authority was delegated by the President, and thus it was reviewable. View "Detroit International Bridge Co. v. Government of Canada" on Justia Law

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The DC Circuit affirmed the district court's judgment interpreting the preclusion-of-review provision in Section 1877 of the Social Security Act (the Stark Law), 42 U.S.C. 1395nn(a)(1)–(2), to deprive it of subject matter jurisdiction. The court held that "the process under this paragraph" encompasses all of section 1395nn(i)(3), including the granting or denial of expansion applications. Therefore, section 1395nn(i)(3)(I) precludes judicial review of plaintiff's claims. View "Knapp Medical Center v. Hargan" on Justia Law

Posted in: Health Law

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The DC Circuit affirmed the FCC's order denying Press's application for review of the FCC Media Bureau's decision. The court held that FCC regulations, decisions, and practice support the Commission's contention that applications for minor modifications are subject to the spacing requirements articulated in 47 C.F.R. 73.207. Any nonconforming application requires a waiver of that rule, and Press failed to justify such waiver. Therefore, the FCC's Order was valid based on the failure of Press's proposed channel swap with Equity to comply with the applicable short spacing bar or establish its entitlement to a waiver of that bar. Because the short spacing defect was independently sufficient to support the order, the court did not reach Press's alternative argument. View "Press Communications LLC v. FCC" on Justia Law

Posted in: Communications Law

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At issue in this case was whether the provisions in the Master Agreement between the Agency and the Union covered a matter with respect to which the parties had a dispute after the Master Agreement was signed. The Agency argued that the DC Circuit's decision in BOP I, 654 F.3d 91 (D.C. Cir. 2011), was controlling. In BOP I, the court held that "Article 18 covers and preempts challenges to all specific outcomes of the assignment process." The court held, in accord with BOP I, that the subject of consolidated relief rosters was covered by Article 18 of the Master Agreement. Accordingly, the court granted the petition for review and reversed the decision of the Authority. View "DOJ v. FLRA" on Justia Law

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Plaintiff filed suit alleging that author James Risen, together with publishers, made false and damaging statements about plaintiff in a book. A chapter of the book focuses on software that plaintiff pitched to the United States as a counterterrorism tool, but that ultimately was widely seen as a "hoax." The DC Circuit affirmed the district court's grant of summary judgment for defendants where plaintiff failed to put into the record any evidence that would permit a factfinder to evaluate the legitimacy of his bare assertions. In this case, plaintiff produced virtually no evidence of the software's functionality to factually rebut Risen's statements that it never worked as plaintiff said it did. View "Montgomery v. Risen" on Justia Law

Posted in: Personal Injury

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After the Sixth Circuit ruled that CMS's method for counting hospital beds conflicted with the plain language of the applicable regulation, CMS amended the regulation to permit its preferred counting method but applied the Sixth Circuit's interpretation to hospitals located within that circuit until the revised regulation took effect. The DC Circuit held that the agency acted reasonably given that obeying judicial decisions was usually what courts expect agencies to do. View "Grant Medical Center v. Hargan" on Justia Law

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Plaintiff filed suit against the District, alleging violations of Title VII of the Civil Rights Act, 42 U.S.C. 2000e-200e-17. The DC Circuit affirmed the district court's judgment regarding plaintiff's retaliation claims relating to actions taken prior to October 2007, holding that the district court correctly found not only that he never responded to this portion of the District's motion for summary judgment but also that there was no evidence in the record that he filed any charge of discrimination that would have rendered the claims timely. The court also affirmed the district court's grant of summary judgment for the District on plaintiff's remaining retaliation claims arising out of events occurring after October 2007, holding that a reasonable jury could not infer from the proffered evidence that the challenged employment actions might have dissuaded a reasonable worker from making or supporting a charge of discrimination. View "Durant v. District of Columbia Government" on Justia Law

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The DC Circuit affirmed the dismissal of an action alleging that the revocation of plaintiff's security clearance violated the equal protection and due process clauses of the Constitution, as well as the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. 1806(c). In regard to the FISA, the court declined to consider plaintiff's two theories of sovereign immunity waiver because he raised them for the first time on appeal. The court also held that plaintiff had no constitutionally protected property interest in his security clearance and he received all the process that was due. In this case, plaintiff's security clearance was revoked because he admitted misconduct in accessing sensitive information for personal reasons. Finally, the court rejected plaintiff's claims that his equal protection rights were violated because he received a harsher penalty for his admitted misconduct than non-Muslim agents who committed similar misconduct, and because the ARC treated his naturalized family members differently than native born U.S. citizens. Plaintiff's claims were barred by Department of the Navy v. Egan, 484 U.S. 518 (1988). Even if the claims were not barred by Egan, they failed for other reasons. View "Gill v. DOJ" on Justia Law

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Plaintiffs filed suit challenging the Park Service's decision authorizing recreational hunting of elk in Wyoming's Grand Teton National Park. In regards to plaintiffs' claim under the National Environmental Policy Act (NEPA), 42 U.S.C. 4321, the DC Circuit affirmed the district court's grant of summary judgment to the Park Service. The court held that all the environmental effects seen during the years after the promulgation of the 2007 Plan and environmental impact study (EIS) had been anticipated and analyzed in the original environmental assessment, and thus the Park Service had no duty to prepare a supplemental or new EIS; plaintiffs failed to show that the Park Service acted arbitrarily or capriciously; and the Park Service has implemented the elk-reduction program in the manner envisioned by the 2007 Plan and analyzed in the 2007 EIS. Finally, the court vacated the district court's judgment in regard to the claim under the Endangered Species Act (ESA), 50 C.F.R. pt. 17, based on mootness grounds because the grizzly bear was no longer listed as a threatened species under the ESA. View "Mayo v. Reynolds" on Justia Law

Posted in: Environmental Law

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The DC Circuit affirmed the district court's grant of summary judgment for the government in an action seeking information regarding an Assistant United States Attorney. The government withheld a termination letter that it had sent to the Assistant, but turned over most of the approximately 3,600 pages of exhibits supporting the proposed termination letter. The court held that privacy interests sufficiently outweighed the limited public interest in the letter to make its disclosure clearly unwarranted. The court also rejected plaintiff's request for modification of the judgment. View "Bloomgarden v. DOJ" on Justia Law