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

Thrifty Payless, Inc., doing business as Rite Aid, seeks judicial review of the National Labor Relations Board’s decision that Rite Aid committed unfair labor practices. The Board has cross-applied for enforcement of its order. An Administrative Law Judge concluded that Rite Aid had committed unfair labor practices in violation of the National Labor Relations Act when it unilaterally implemented its proposal. The ALJ determined that Rite Aid violated its duty to bargain in good faith because it took unilateral action even though the parties had not yet reached an impasse. The main issue here is whether Rite Aid was entitled to implement its own proposal instead of continuing negotiations with the union.   The DC Circuit denied Rite Aid’s petition for review. The court denied the Board’s cross-application for enforcement and remanded the order. The court found that the record contains enough evidence to support the Board’s finding that the parties were not at an impasse. An impasse arises when neither side is open to compromise. Further, the court explained that any reasonable consideration of exigency must consider “an employer’s need to run its business” and the inherently uncertain task of making corporate decisions in the face of a potential crisis. Here, the Board acknowledged that it was “impossible” for Rite Aid “to predict what claims might come in and how that would impact the reserves.” Rite Aid asserts without contest that the reserves as of November 2019 could only cover a few weeks’ worth of healthcare coverage for Rite Aid employees. So Rite Aid’s concern that inaction could have had damaging consequences is understandable. View "Thrifty Payless, Inc. v. NLRB" on Justia Law

In 2022, the Commission promulgated a rule that set stringent safety standards for the operating cords on custom-made window coverings based on a finding that such cords pose a strangulation risk to young children. The rule sought to eliminate the risk of injury by essentially prohibiting corded window products, and it set an aggressive timeline for industry compliance with the new standards. The Window Covering Manufacturers Association (“WCMA”) filed a petition in this court challenging the rule and its compliance deadline.   The DC Circuit granted WCMA’s petition for review and vacated the rule. The court held that the Commission breached notice-and-comment requirements, erroneously relied on certain data in its cost-benefit analysis, and selected an arbitrary effective date for the rule. The court reasoned that the Commission did not explain why it chose to credit the opinion of Safe T Shade’s company president over the contrary feedback that it received from 401 other commenters, the Small Business Association, and its own staff.  The court explained that if the Commission wishes to extend a safety standard’s effective date, it must find good cause to do so, and regardless of such an extension, the Commission must find that the effective date. View "Window Covering Manufacturers Association v. CPSC" on Justia Law

Hospitals treating Medicare beneficiaries receive greater reimbursements to the extent that the beneficiaries are also entitled to supplemental security income benefits under Title XVI of the Social Security Act. The Secretary of Health and Human Services understands this population to include only patients receiving cash payments during the month in question. Various hospitals contend that this population also includes patients receiving a subsidy under Medicare Part D and vocational training. The district court disagreed and granted summary judgment to the Department of Health and Human Services (HHS).   The DC Circuit affirmed. The court explained that the hospitals argued that Empire compels their construction of the phrase “entitled to supplementary security income benefits.” The court wrote that this s argument misses key distinctions between the Part A and SSI schemes. First, Part A benefits extend well beyond payment for specific services at specific times. Moreover, the court explained that age or chronic disability makes a person eligible for Part A benefits “without an application or anything more,” and individuals rarely, if ever lose this eligibility over time.   Moreover, the court explained that the hospitals contend that HHS arbitrarily excluded patients whose SSI benefits were withheld under the so-called “cross-program recovery” scheme. The court reasoned that this assertion is mistaken. Next, the court explained that the hospitals contend that HHS unreasonably focused on whether patients receive SSI payments when hospitalized because the payments depend on income and resource levels from earlier months. But “eligibility” for the SSI benefit “for a month” depends on the individual’s income, resources, and other characteristics “in such month.” View "Advocate Christ Medical Center v. Xavier Becerra" on Justia Law

Hospitals receive greater payment if their Medicare patients are disproportionately low-income individuals entitled to federal supplemental security income benefits. Pomona Valley Hospital Medical Center contends that the Department of Health and Human Services undercounted the number of its Medicare patients who were entitled to SSI benefits and thus undercompensated the hospital for treating them. Pomona sought to prove the undercount through data from state benefit programs that piggyback on SSI. In an administrative proceeding, Pomona introduced expert testimony explaining how the state data derives from and overlaps with the federal SSI data. The Provider Reimbursement Review Board held that Pomona failed to prove the undercount, but the district court set aside its decision and remanded the case to the Board for further proceedings.   The DC Circuit affirmed. The court explained that using statewide statistics, Pomona estimated that fewer than 10 such patients would likely show up in its SSI-fraction calculations in any given year. And neither the Board nor the Contractor countered these estimates. Given the lack of contrary evidence in the record, such discrepancies appear immaterial and suggest no substantial flaw in Pomona’s methodology. Further, the court explained that Pomona provided uncontroverted evidence that two potential difficulties with its approach amounted to little more than rounding errors. It proffered creditable testimony from two experts indicating that the only explanation for the discrepancy was some error in CMS’s collection or matching of data. By contrast, the Contractor remained silent. Given the strength of the hospital’s showing, and the absence of any countervailing evidence, the Board’s conclusion that Pomona had failed to prove an undercount was unreasonable View "Pomona Valley Hospital Med v. Xavier Becerra" on Justia Law

Ascendium Education Solutions (“Ascendium”) is a Program guarantor that previously charged debt-collection costs to defaulting Program borrowers who entered loan rehabilitation agreements. Ascendium challenged the Department of Education’s Rule, 34 C.F.R. Section 682.410(b)(2)(i), under the Administrative Procedure Act (“APA”), arguing that the Department of Education and its Secretary (collectively, the “Department”) did not have statutory authority to promulgate the Rule because the Rule conflicts with the Act. The district court ruled that Ascendium lacked standing to challenge the Rule as it applies to borrowers who enter repayment agreements. But the district court held that the Rule exceeded the Department’s authority under the Act with respect to borrowers who enter rehabilitation agreements. Both Ascendium and the Department appealed.   The DC Circuit reversed in part and affirmed in part. The court concluded that Ascendium has standing to challenge the entirety of the Rule, that the Rule is consistent with the Act and therefore is lawful, and that the Rule is not arbitrary or capricious. The court explained that the Rule prohibits a guarantor from charging collection costs to a borrower who enters a repayment plan or a rehabilitation agreement during the initial default period: It implicitly deems such costs “unreasonable” under the circumstances. The court concluded that the Rule is consistent with the Act’s requirement that “reasonable” collection costs must be passed on to borrowers. Further, the court explained that the Department’s response to Ascendium’s comment adequately refuted Ascendium’s assumption that the purpose of the Rule should be to incentivize guarantors to enter rehabilitation agreements by allowing them to charge collection costs. View "Ascendium Education Solutions, Inc. v. Miguel Cardona" on Justia Law

After the FDA promulgated regulations applying the Act to vaping products, Fontem US, LLC, submitted numerous applications to market its flavored and unflavored vaping products. The FDA denied all of them, concluding Fontem had not shown its products were “appropriate for the protection of the public health.” Fontem petitioned for review, arguing the denial was unlawful.   The DC Circuit denied the petition for review as to Fontem’s flavored products and granted the petition for review with respect to the unflavored products. The court explained that as to Fontem’s flavored products, the FDA reasonably found a lack of evidence that the benefits of such products to adult smokers sufficiently outweighed the potential risks to young non-smokers. The court wrote that as to Fontem’s unflavored products, however, the FDA acted unlawfully by failing to engage in the holistic public health analysis required by the statute. The court concluded that the agency did not take into account the potential benefits of unflavored products or weigh those benefits against risks to public health. Instead, the agency identified highly granular deficiencies but failed to evaluate the potential effects of such deficiencies on public health or to weigh these deficiencies against the potential benefits of Fontem’s products. View "Fontem US, LLC v. FDA" on Justia Law

Noncitizens can qualify for employment-based U.S. visas by investing in designated commercial enterprises that create jobs in the United States. After making a qualifying investment, a noncitizen must petition the United States Citizenship and Immigration Services (USCIS) for the visa. In these two consolidated appeals, investors who have waited several years for USCIS to approve their petitions sue the agency for what they see as unreasonably delayed action in violation of the Administrative Procedure Act. The district courts in both cases granted USCIS’s motions to dismiss, holding that the investors’ allegations do not show USCIS’s delay to be unreasonable under the circumstances.   The DC Circuit affirmed. The court explained that Plaintiffs do not state a claim of unreasonable delay. The availability-screened queue is a rule of reason, and the complaints do not allege that USCIS follows a process other than its officially stated policy. Ruling in favor of Plaintiffs would require USCIS to process Plaintiffs’ petitions ahead of those of other petitioners who have been waiting as long or longer for their EB-5 petitions to be adjudicated. Congress did not set a deadline for agency action, Plaintiffs allege primarily financial harm, and the allegations do not point to government impropriety. View "Adrian Da Costa v. Immigration Investor Program Office" on Justia Law

The consolidated petitions in this case concern an order of the Surface Transportation Board (“the Board”) authorizing the construction and operation of a new rail line in the Uinta Basin in Utah (“Railway”). The Board exercised its authority to exempt the Railway from the Board’s more extensive application requirements in a two-part process. The first addressed the “transportation benefits” of the Railway, and the second concerned the project’s environmental impacts. As part of its environmental process, the Board created an environmental impact statement (“EIS”) outlining the various environmental impacts associated with the Railway’s construction and operation. The EIS was informed by the Board’s consultation with the Fish and Wildlife Service (“Service”), which led to the development of a Biological Opinion (“BiOp”) concerning the Railway’s potential impacts on endangered species and critical habitats.Petitioners include various environmental organizations and a Colorado county that alleges it will be impacted by the Railway even though it is located “downline” of the proposed rail line’s construction area.The D.C. Circuit granted the petitions in part, denied them in part, vacated the underlying order as well as the EIS and the BiOp in part, and remand to the Board for further proceedings. View "Eagle County, Colorado v. STB" on Justia Law

Appellant Watkins Law & Advocacy, PLLC, submitted requests under the Freedom of Information Act to various federal agencies, including the Federal Bureau of Investigation, the Department of Justice, and the Department of Veterans Affairs. Watkins sought records concerning the process by which the names of certain veterans and other VA beneficiaries are added to a background check system that identifies persons barred from possessing firearms for having been adjudicated as “mental defective[s].” Watkins initiated this FOIA action in the district court. The district court granted summary judgment to the agencies on almost all claims (and to Watkins on the remaining claims, none of which are at issue here). Watkins appealed the district court’s grant of summary judgment to the FBI and DOJ on the adequacy of their searches and to the VA on its withholding of documents based on the deliberative process and attorney-client privileges.   The DC Circuit affirmed the district court’s grant of summary judgment in favor of the FBI and DOJ. But we vacate the district court’s grant of summary judgment to the VA and remand for further proceedings. The VA did not satisfy its burden to show that the withheld documents are exempt from disclosure. The court concluded that the VA failed to adequately set out its basis for asserting the deliberative process and attorney-client privileges as to the withheld documents. The court wrote that because the VA offers no arguments about specific documents other than the eight that Watkins highlighted as illustrations, a blanket remand is appropriate. View "Watkins Law & Advocacy, PLLC v. DOJ" on Justia Law

Pacific Networks Corp. and ComNet (USA) LLC, which are companies owned by the People’s Republic of China, held authorizations to operate communication lines in the United States. The Federal Communications Commission revoked these authorizations based on concerns that the carriers posed national security risks and had proven themselves untrustworthy. The carriers argue that the FCC’s reasoning was substantively arbitrary and was rendered with inadequate process.   The DC Circuit denied the petition for review. The court held that the FCC adequately explained its decision to revoke Pacific Networks’ and ComNet’s authorizations, and it afforded adequate process to the carriers. The court explained that the carriers do not seriously contest the FCC’s factual determinations. Instead, they object that the Commission had never revoked a Section 214 authorization based solely on misrepresentations. The carriers cite past cases where concerns about candor or trustworthiness produced only a fine. But those cases did not involve national security risks, which plainly heighten any trustworthiness concerns. Moreover, the court wrote that the FCC reasonably explained why no realistic agreement could have worked given the carriers’ proven lack of trustworthiness. View "Pacific Networks Corp. v. FCC" on Justia Law