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The DC Circuit denied a petition for review challenging the EPA's February 2018 decision not to issue financial responsibility requirements for the hardrock mining industry. The court deferred to the EPA's interpretation that it should set financial responsibility regulations based on financial risks, not risks to health and the environment, because the use of "risk" in section 9608(b) in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), in the general mandate and amount clauses, was ambiguous and the EPA's interpretation was reasonable. Furthermore, nothing in section 9608(b) mandates the EPA to promulgate financial responsibility requirements for the hardrock mining industry, authorizing the EPA to decline to do so. The court also held that the EPA's financial risk analysis and economic analysis were neither arbitrary nor capricious. Finally, under Circuit and Supreme Court precedent, the court held that the EPA's Final Action not to adopt financial responsibility requirements for the hardrock mining industry constitutes a logical outgrowth of the Proposed Rule. View "Idaho Conservation League v. Wheeler" on Justia Law

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The DC Circuit denied a petition for review of the Board's findings, including the finding that Ingredion violated the National Labor Relations Act by dealing directly with employees and denigrating a union in the eyes of employees. The court held that substantial evidence supported the Board's factual finding that Ingredion engaged in direct dealing with employees; Ingredion misrepresented the union's position in a way that tended to cause employees to lose faith in the union; although the format of the new contract was a major issue, it did not create an overall impasse; Ingredion's delay in providing requested information was unreasonable; and Ingredion violated the Act when one of its managers made threats of job loss to employees. The court also held that Ingredion's contentions that the Board violated its due process rights and improperly imposed a notice-reading remedy lacked merit. In regard to the Board's remedial order, the court held that Ingredion was on notice and was therefore not denied due process. Furthermore, the Board had broad discretion in fashioning remedies for violations of the Act. View "NLRB v. Ingredion Inc." on Justia Law

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The DC Circuit held that the district court wrongly denied a stay-put injunction because it placed the burden of proof on the student rather than the local educational agency. Furthermore, the error had continuing adverse consequences for the student's claim for compensatory education. Accordingly, the court reversed and remanded for further proceedings. In this case, by holding that M.K. was not entitled to a stay-put injunction, the court held that the district court's order had the dual effect of both (i) empowering the school to continue excluding M.K. from its educational services, and (ii) limiting M.K.'s claim to compensatory educational relief for the time of that extended exclusion. The court reasoned that M.K.'s compensatory education request was not merely a "collateral consequence" of the underlying stay-put dispute, but it was part and parcel of it. View "Olu-Cole v. E.L. Haynes Public Charter School" on Justia Law

Posted in: Education Law

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The DC Circuit affirmed defendant's conviction for violating a federal law prohibiting the possession of firearms on the grounds of the United States Capitol. Defendant had pleaded guilty to violating this law after parking a car containing three guns on a street near the Capitol. The court held that the Second Amendment does not give defendant the right to bear arms in the Maryland Avenue parking lot because it was set aside for the use of government employees, was in close proximity to the Capitol building, and was on land owned by the government. Therefore, the court considered the lot as a single unit with the Capitol building, and concluded that the lot was a "sensitive" place where firearms prohibitions were presumptively lawful. Defendant's arguments to the contrary were unavailing. The court also held that defendant's conviction did not violate the Due Process Clause where the text of the Capitol Grounds ban was quite clear, and an ordinary citizen would readily understand from the text of the statute that he may not carry a firearm on the Capitol Grounds or inside the Capitol. View "United States v. Class" on Justia Law

Posted in: Criminal Law

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The DC Circuit affirmed the district court's restitution award to the victim of defendant's child pornography offenses. In Paroline v. United States, 134 S. Ct. 1710, 1727 (2014), the Supreme Court held that every perpetrator's viewing of a child's image inflicts distinct harm on that child in that it effects "a repetition of the victim's abuse." The court held that the district court followed Paroline in calculating a restitution amount that was reasonably tailored to defendant's causal role. View "United States v. Monzel" on Justia Law

Posted in: Criminal Law

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After the Association filed suit alleging that the District's school funding practices inadequately fund charter schools, the district court rejected the Association's claims. The DC Circuit did not reach the merits of the Association's claims, holding that the district court lacked jurisdiction over the claims. In this case, none of the Association's claims under the School Reform Act, Home Rule Act, and Constitution arose under federal law within the meaning of the federal question statute. Accordingly, the court vacated the district court's judgment and remanded for dismissal of the complaint for want of jurisdiction. View "D.C. Association of Chartered Public Schools v. District of Columbia" on Justia Law

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After President Trump issued three executive orders regarding relations between the federal government and its employees, unions representing federal employees brought suit in the district court challenging various aspects of the orders. The district court concluded that some of the provisions were unlawful and enjoined their implementation. The DC Circuit vacated the district court's judgment and held that the district court lacked subject matter jurisdiction. The court held that the unions must pursue their claims through the scheme established by the Federal Service Labor Management Relations Statute, which provides for administrative review by the Federal Labor Relations Authority followed by judicial review in the court of appeals. View "American Federation of Government Employees v. Trump" on Justia Law

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After GLH acquired radio spectrum licenses from Leap, who had originally purchased some licenses from the FCC, it assumed the obligation of the installment payments. When GLH failed to make the payments for some of the licenses, the Commission canceled them and reauctioned the underlying spectrum to new providers. GLH challenged both the Commission’s decision to cancel the licenses and its refusal to give GLH a credit against its debt for the proceeds of the reauction. The DC Circuit held that the Commission acted appropriately in cancelling GLH's licenses for failure to make the installment payments and in refusing to apply the reauction proceeds against GLH's debt. In this case, the Commission appropriately explained the legal standard, examined the particular facts of GLH's case, and reasonably applied that standard to those facts. Therefore, the Commission's denial of GLH's waiver request was not arbitrary and capricious. The court also held that GLH may initiate consideration of its equitable argument for debt forgiveness by filing a petition for debt compromise. Accordingly, the court affirmed the Commission's decision. View "GLH Communications, Inc. v. FCC" on Justia Law

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Petitioners sought review of the National Transportation Safety Board's decision revoking their air agency certificate. The DC Circuit upheld the Board's determination concerning petitioners' performance of maintenance without the appropriate technical data. However, the court set aside the Board's intentional-falsification charge, because the Board departed from its own precedents when considering whether petitioners had acted with the requisite knowledge. Accordingly, the court granted the petition for review in part and vacated the Board's revocation of petitioners' air agency certificate. The court vacated the sanction imposed by the Board and remanded for further consideration. View "Kornitzky Group, LLC v. Elwell" on Justia Law

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In this labor dispute, the NLRB assumed arguendo that the doctrine of judicial estoppel applied in NLRB proceedings but relied on the factors in New Hampshire v. Maine, 532 U.S. 742 (2001), to determine that judicial estoppel was inappropriate in this case. The DC Circuit held that the NLRB misapplied New Hampshire v. Maine and therefore remanded for the NLRB to consider whether judicial estoppel was available in NLRB proceedings and, if so, whether to invoke it. View "Temple University Hospital, Inc. v. NLRB" on Justia Law