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

Two American Indian tribes – Miccosukee Tribe of Indians of Florida and Prairie Band Potawatomi Nation – challenged as arbitrary and capricious the Secretary of the Treasury’s 2020 and 2021 Distributions of appropriations for relief from the COVID-19 pandemic. The district court granted summary judgment to the Secretary. The Tribes appealed only the 2021 Distribution.   The DC Circuit dismissed Miccosukee’s challenge as moot and reversed the district court’s grant of summary judgment to the Secretary with instructions to remand Prairie Band’s challenge to the 2021 Distribution to the Secretary for further explanation. The court found that the Secretary has not explained why “substantial disparity” was measured by the degree the HUD data underestimated enrollment rather than the number of uncounted enrolled members, nor the Distribution methodology in relation to the statutory mandate to allocate funds “based on increased expenditures.” Further, the court wrote that on remand, the Secretary must explain the decision decided. To the extent the 2021 Distribution would treat some Tribes assigned HUD populations of zero differently, the Secretary corrected the error. Only Miccosukee had standing to challenge the error, and its claim is moot. View "Shawnee Tribe v. Janet Yellen" on Justia Law

On November 22, 2021—the day federal employees were required to be vaccinated—Appellant filed suit in District Court, challenging the mandate’s constitutionality. Characterizing Appellant’s suit as a “workplace dispute involving a covered federal employee,” the District Court found Appellant’s claims were precluded under the CSRA and dismissed the suit for lack of subject matter jurisdiction. On appeal, Appellant insisted that he challenges the vaccine mandate’s constitutionality, as opposed to contesting a workplace dispute under the CSRA. According to his complaint, however, he alleged that the vaccine mandate is unconstitutional—at least in part—because it requires that he obtain the vaccine to avoid adverse employment action.   The DC Circuit affirmed. The court explained that all attempts to characterize his argument as anything but a challenge to adverse employment action fail for jurisdictional purposes because Appellant himself admitted that his standing to challenge the vaccine mandate is rooted in the looming disciplinary action he now faces as a result of his continued noncompliance. In other words, Appellant challenges the vaccine mandate to maintain his employment while continuing to defy the mandate that he views as unlawful. And while his constitutional arguments are relevant to the merits, they do not change the fact that one of Appellant’s interests in this suit is to avoid the impending adverse employment action. Appellant’s claims are not wholly collateral because challenges to adverse employment actions are the type of claims that the MSPB regularly adjudicates. Thus, the court found that should Appellant choose to continue challenging the vaccine mandate, he must do so through the CSRA’s scheme. View "Jason Payne v. Joseph Biden, Jr." on Justia Law

Appellant, a United States citizen and veteran, alleges Appellees (Foreign Officials) detained and tortured him in the Democratic Republic of the Congo (DRC). Appellant argued that the Foreign Officials did so to extract a false confession that he was an American mercenary. That is enough, in Appellant’s view, to establish that the district court had personal jurisdiction over the Foreign Officials. If not, he asserts alternatively that jurisdictional discovery is warranted.   The DC Circuit affirmed the district court’s grant of the Foreign Officials’ motion to dismiss for lack of personal jurisdiction and its denial of Appellant’s request for jurisdictional discovery. The court explained traditional notions of fair play and substantial justice do not save Appellant’s complaint. The court held Appellant failed to demonstrate that exercising specific jurisdiction over the Foreign Officials, in this case, would meet the requirements of the Fifth Amendment’s Due Process Clause. And he also failed to describe particular ways in which jurisdictional discovery would cure his complaint’s defect. View "Darryl Lewis v. Kalev Mutond" on Justia Law

Metropolitan Washington Chapter, Associated Builders and Contractors, Inc. (“Metro Washington”), a corporate trade organization representing construction companies, brought this pre-enforcement challenge to the constitutionality of the District of Columbia First Source Employment Agreement Act of 1984. The statute requires contractors on D.C. government-assisted projects to grant hiring preferences to D.C. residents. Metro Washington appealed the district court’s Rule 12 dismissals of the claims under the dormant Commerce Clause, U.S. Const. and the Privileges and Immunities Clause, and the grant of summary judgment to the District of Columbia on the substantive due process claim.   The DC Circuit affirmed the district court’s Rule 12(b)(6) dismissal of Metro Washington’s dormant Commerce Clause claim and Rule 12(c) dismissal of the Privileges and Immunities Clause claim. The court also affirmed the district court’s grant of summary judgment to the District of Columbia on the inapplicability of the Privileges and Immunities Clause to a corporation. Further, although Metro Washington has Article III standing as an association, it lacks third-party standing to raise its alternative Privileges and Immunities claim based on incorporation through the Fifth Amendment, and therefore the court dismissed this alternative contention. View "Metropolitan Washington Chapter, Associated Builders and Contractors, Inc. v. DC" on Justia Law

More than a decade ago, Medicaid recipients filed this suit alleging that in violation of the Due Process Clause, the District of Columbia is failing to provide them notice and an opportunity to be heard when denying them prescription coverage. The case is now before the DC Circuit for the third time. In the first two appeals, the DC Circuit reversed the district court’s dismissals for lack of standing and for failure to state a claim, respectively. On remand, the district court once more dismissed the case, this time for mootness.   The DC Circuit again reversed and remanded with instructions to proceed expeditiously with discovery and allow Plaintiffs to make their case. The court explained that Plaintiffs challenged the District’s failure to give Medicaid recipients reasons for denying their prescriptions and an explanation of how to appeal, and uncontested evidence demonstrates that, notwithstanding the transmittal memorandum, some number of Plaintiffs are still not receiving the information they claim they are entitled to under the Due Process Clause. Because it is not “impossible for [the district] court to grant any effectual relief,” the case is not moot. View "Elsa Maldonado v. DC" on Justia Law

Petitioner Midwest Ozone Group (MOG), an association of companies, trade organizations, and individual entities maintaining a collective interest in air quality petitioned for review of the Environmental Protection Agency’s (EPA) final action, entitled the Revised Cross-State Air Pollution Update Rule (Revised Rule) for the 2008 Ozone National Ambient Air Quality Standards (NAAQS), which EPA promulgated in response to this Court’s remand in Wisconsin v. EPA, 938 F.3d 303 (D.C. Cir. 2019) In the Revised Rule, EPA addresses its failure to balance emissions obligations in accordance with 2008 ozone NAAQS and its prescribed date of attainment. On appeal, MOG contends that the Revised Rule is arbitrary and capricious and that EPA failed to conduct a legally and technically appropriate assessment as required by the Good Neighbor Provision of the Clean Air Act (CAA).   The DC Circuit denied the petition and held that the Revised Rule is an appropriate exercise of EPA’s statutory authority under the “Good Neighbor Provision.” The court explained that EPA appears to have chosen analytical techniques rationally connected to the Revised Rule and appropriately explained its use of the linear interpolation and subsequent methods for establishing the Revised Rule. In addition, EPA’s methodology did also incorporate photochemical modeling, MOG’s preferred technique, as the “foundation for its projections” and “merely layered an additional mathematical function, linear interpolation” over the original projected data to generate 2021 ozone concentrations. Further, MOG has not established that EPA’s linear interpolation method is oversimplified or that the agency has produced unreasonable results. View "Midwest Ozone Group v. EPA" on Justia Law

Flyers Rights and its current president have taken aim at the small size of airline seats. In their view, small seats slow emergency evacuations and cause medical problems like blood clots. They have petitioned for a writ of mandamus ordering the FAA “to commence rulemaking to establish minimum seat size and spacing requirements for commercial aircraft and to issue a final rule by a date certain.”   The DC Circuit denied Flyers Rights’ petition. The court held that Flyers Rights lacks a clear and indisputable right to relief. That’s because the FAA Reauthorization Act speaks only of seat-size regulations that “are necessary for the safety of passengers,” and on the record before the court, the necessity of those regulations is neither clear nor indisputable. View "In re: Flyers Rights Education Fund, Inc." on Justia Law

Schwab Multimedia received a construction permit from the Federal Communications Commission (FCC). But Schwab never built its station. Though the FCC granted Schwab’s first three requests for more time, it denied Schwab’s fourth. Schwab appealed the FCC’s decision, claiming that it was arbitrary and capricious.   The DC Circuit affirmed. The court held that the FCC based its denial of Schwab’s tolling request on three underlying determinations, and those determinations were reasonable. First, the FCC reasonably found that Schwab had no construction site. Indeed, Schwab admitted as much. It told the Media Bureau that the landlord of the original site had “rescinded [its] verbal agreement . . . to use the site.” And it offered no evidence to suggest that it had since secured the landlord’s permission. Second, it was reasonable for the FCC to conclude that site loss was the real reason Schwab could not build. Third, the FCC reasonably held that site loss is not a legitimate basis for tolling. Further, Schwab produced no evidence to show that good cause would support a waiver. View "Levine/Schwab Partnership v. FCC" on Justia Law

The International Organization of Masters, Mates & Pilots, ILA, AFL-CIO (“the Union” or “IOM”), has been the lawful bargaining agent for the Licensed Deck Officers (“LDOs”) on four container ships that carry goods between ports in California and Hawaii. The Pasha Group purchased the ships, and its wholly owned subsidiary, Sunrise Operations, LLC (“Sunrise”), now operates the vessels and is the most recent successor employer of the LDOs. The Union filed unfair labor practice (“ulp”) charges with the National Labor Relations Board (“Board” or “NLRB”). The Board’s General Counsel then filed a complaint alleging that Sunrise had violated sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act (“NLRA” or “Act”), when it failed to provide information to the Union and declined to participate in arbitration proceedings in Maryland.   The DC Circuit granted the petition for review, vacated the Board’s decision, and remanded the case for reconsideration. The court held that it is clear that the majority opinion for the Board purports to decide the case without regard to the parties’ principal claims presented to the ALJ, and it rests on a position that was never advanced by Sunrise either before the ALJ or in its exceptions to the Board. Sunrise never argued that the disposition of this case should turn on the employer’s subjective beliefs about whether the LDOs were supervisors. Thus, the court found that the Board’s holding, in this case, lacks support in the record, defies established law, and creates a new rule without reasoned justification. It thus fails substantial evidence review and is arbitrary and capricious for want of reasoned decision-making. View "International Organization of Masters, Mates & Pilots, ILA, AFL-CIO v. NLRB" on Justia Law

The States of Illinois and Nevada (collectively referred to as “the States” or “Plaintiffs”) filed a mandamus action in the district court, seeking to compel the Archivist of the United States to certify and publish the Equal Rights Amendment (“ERA”) as part of the Constitution of the United States. The States argued that the Archivist had a duty to certify and publish the ERA because it was ratified by the requisite three-fourths of the States of the Union as required by Article V of the Constitution. The district court agreed, dismissing the case for lack of jurisdiction.   The DC Circuit affirmed. The court explained that the States have not clearly and indisputably shown that the Archivist had a duty to certify and publish the ERA or that Congress lacked the authority to place a time limit in the proposing clause of the ERA. Under the rigid standard required for mandamus actions, the court wrote it must affirm the district court’s dismissal of the States’ complaint on the ground that the lower court lacked subject matter jurisdiction. View "State of Illinois v. David Ferriero" on Justia Law