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

Defenders sued the EPA based on the EPA's alleged failure to promptly promulgate revisions to certain effluent limitations and effluent limitations guidelines under the Clean Water Act (CWA), 33 U.S.C. 1251 et seq. UWAG, an association of energy companies and three national trade associations of energy companies, appealed the denial of intervention and also asserted that the court should vacate the district court's order entering a consent decree between Defenders and the EPA because the district court lacked subject matter jurisdiction. The court affirmed the denial of intervention because UWAG lacked Article III standing and, as there was no appellant with standing, dismissed the remainder of the appeal. View "Defenders of Wildlife, et al v. Jackson" on Justia Law

The District of Columbia appealed from the structural injunction entered by the district court in this class action challenging the policies and practices of the District's "Child Find" system under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq. The court vacated the order certifying the class, and consequently, the orders finding liability and ordering relief to that class. The court remanded the case to the district court for reconsideration of whether a class, classes, or subclasses may be certified, and if so, thereafter to redetermine liability and appropriate relief. View "DL, et al v. DC, et al" on Justia Law

Plaintiff filed a complaint against the District of Columbia and others regarding the pretrial conditions of his confinement. The District agreed that the the Prison Litigation Reform Act (PLRA), 42 U.S.C. 1997e(a), requirement did not apply to plaintiff but urged the court to affirm the grant of summary judgment on his federal claims for failure to exhaust. The court joined its sister circuits and held that the PLRA exhaustion requirement did not apply because plaintiff was not a "prisoner" at the time he filed his complaint. Summary judgment was therefore inappropriately granted on his federal claims. As to his intentional infliction of emotional distress (IIED) claim, the court held that it had been abandoned because neither plaintiff's proposed amended complaint nor amicus brief, which he adopted, referenced that claim, and his pro se appellate brief provided no argument why the dismissal should be reversed. Accordingly, the court reversed in part and remanded plaintiff's federal claims to the district court. The court otherwise affirmed the judgment. View "Lesesne v. Doe, et al" on Justia Law

Plaintiff sued his employer, Fannie Mae, alleging violations of federal anti-discrimination laws by denying him a salary increase for discriminatory reasons; maintaining a racially hostile work environment; and retaliating against him for filing a discrimination complaint. The district court granted Fannie Mae summary judgment. The court concluded that a reasonable jury could find that Fannie Mae unlawfully discriminated against, harassed, and retaliated against plaintiff. Therefore, plaintiff was entitled to a trial on those claims. Accordingly, the court reversed the district court's grant of summary judgment on all of plaintiff's anti-discrimination claims. The court affirmed the district court's grant of summary judgment with respect to plaintiff's D.C. law defamation claim because the statements at issue were not false. View "Ayissi-Etoh v. Fannie Mae, et al" on Justia Law

Plaintiffs, three applicants for attorney positions under the Honors Program in 2006, alleged that they were not selected for interviews because of their political affiliations. Plaintiffs claimed that senior officials at the DOJ created records describing how an individual exercised First Amendment rights, in violation of the Privacy Act, 5 U.S.C. 552a, in the form of annotations to plaintiffs' applications and internet printouts concerning their political affiliations. The court held that summary judgment was inappropriately granted on plaintiffs' Privacy Act claims under 5 U.S.C. 552a(e)(5) and (e)(7). In light of the destruction of plaintiffs' records, a permissive spoliation inference was warranted because the senior DOJ officials had a duty to preserve the annotated applications and internet printouts given that DOJ investigation and future litigation were reasonably foreseeable. On remand, the district court shall construe the evidence in light of this negative spoliation inference, which would permit a reasonable trier of fact to find that two of the plaintiffs were harmed by creation and use of the destroyed records. View "Gerlich, et al v. DOJ, et al" on Justia Law

Plaintiffs brought civil claims against the sitting president of Sri Lanka under the Torture Victim Protection Act (TVPA), 28 U.S.C. 1350. On appeal, plaintiffs contended that the president was not immune from civil suit under the TVPA. Because, as a consequence of the State Department's suggestion of immunity, the president was entitled to head of state immunity under the common law while he remained in office, and because the TVPA did not abrogate that common law immunity, the court affirmed the judgment of the district court dismissing the complaint. View "Manoharan, et al v. Rajapaksa" on Justia Law

Plaintiffs filed a Freedom of Information Act (FOIA), 5 U.S.C. 552, request for records held by the CIA pertaining to the use of unmanned aerial vehicles (drones) to carry out targeted killings. The district court affirmed the CIA's Glomar response, concluding that a response refusing to confirm or deny that the CIA had such records was justified under the circumstances of this case. The court concluded that it was not "logical or plausible" for the CIA to contend that it would reveal something not already officially acknowledged to say that the CIA "at least has an intelligence interest" in such strikes. The court held that the CIA's broad Glomar response was untenable and therefore, the court reversed the district court's judgment dismissing plaintiffs' FOIA action and remanded for further proceedings. View "American Civil Liberties Union, et al v. CIA" on Justia Law

Plaintiff sued the BBG pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., after she did not receive a promotion. On appeal, plaintiff challenged the district court's grant of summary judgment in favor of the BBG. The court agreed with the district court's finding that no reasonable employee could believe that the objected-to conduct was unlawful under Title VII and therefore, summary judgment was appropriately granted on plaintiff's retaliation claims. Although the court had not held that bad faith was required for a party to be entitled to a spoliation inference where, as here, there was a duty of preservation, the error was harmless. Plaintiff's objections to the selection process, even applying a spoliation inference, failed to demonstrate that summary judgment was inappropriately granted on her discrimination claims. Accordingly, the court affirmed the judgment. View "Grosdidier v. Broadcasting Board of Governors" on Justia Law

The Muwekma petitioned the court to order Interior to recognize it as an Indian tribe. The court agreed with the district court that Interior's Supplemental Explanation adequately explained why Muwekma was not similarly situated to the Ione Band of Miwok or the Lower Lake Rancheria of California and, accordingly, Muwekma's equal protection claim failed; Muwekma's termination claim, although not barred by the statute of limitations, failed on the merits because Interior did not terminate Muwekma's recognition; because Muwekma had no cognizable property interest, its claim under 5 U.S.C. 554(d) failed; and Interior's Final Determination was neither arbitrary nor capricious. Accordingly, the court affirmed the district court's grant of summary judgment to Interior. View "Muwekma Ohlone Tribe v. Salazar, et al" on Justia Law

Appellants, almond producers, claimed that the Secretary of Agriculture, seeking to prevent the spread of salmonella, exceeded his authority in requiring California almonds sold domestically to be treated with heat or chemicals. The district court granted summary judgment for the Secretary. The court affirmed, finding that appellants have waived their claims by failing to raise them during the rulemaking process. View "Koretoff, et al v. Vilsack" on Justia Law