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

The Pipeline and Hazardous Materials Safety Administration (PHMSA) prescribe safety standards for pipelines on behalf of the Secretary of Transportation. Two oil and gas associations, GPA Midstream and the American Petroleum Institute, petitioned for review of a safety standard requiring their members to install remote-controlled or automatic shut-off valves in some types of new or replaced gas and hazardous liquid pipelines. Petitioners challenged the standard as it applies to “gathering” pipelines used to collect raw gas or crude oil from a well. They argued the PHMSA unlawfully failed to disclose the economic basis for regulating gathering pipelines when it proposed the standard and also failed to make a reasoned determination that regulating these pipelines was appropriate.   The DC Circuit granted the petition. The court explained that the PHMSA said nothing about the practicability or the costs and benefits of the standard for gathering pipelines until promulgating the final rule, even though the law required it to address those subjects when publishing the proposed rule for public comment and peer review. The PHMSA also ultimately failed to make a reasoned determination that the benefits of regulating gathering pipelines would exceed the costs and that doing so would be practicable, as required by law. View "GPA Midstream Association v. DOT" on Justia Law

The Alaska Gasline Development Corporation sought authorization to build and operate a system of natural gas facilities. After the Federal Energy Regulatory Commission granted that authorization, the Center for Biological Diversity and the Sierra Club (collectively, “CBD”) petitioned the DC Circuit for review.The DC Circuit dismissed the petition in part and denied it in part. The court explained that in approving the Alaska Liquid Natural Gas Project, the Commission complied with the NGA, NEPA, and the APA. CBD failed to provide any reason for the court to disturb the Commission’s reasonable determinations. Further, the court explained that the Commission properly assessed the cumulative impacts on beluga whales. CBD may disagree with the Commission’s policy choice to approve the Project, but the Commission comported with its regulatory obligations. To the extent the issues raised in the petition for review were not exhausted, the court dismissed the petition for lack of jurisdiction View "Center for Biological Diversity v. FERC" on Justia Law

In 2011, the Environmental Protection Agency (“EPA”) issued its “final determination to regulate perchlorate in drinking water” under the Safe Drinking Water Act. Drinking Water: Regulatory Determination on Perchlorate. That determination started a clock under the Safe Drinking Water Act requiring EPA to propose regulations within twenty-four months and promulgate regulations within eighteen months of the proposal. But EPA never promulgated perchlorate regulations. Instead, nine years later, the agency purported to withdraw its regulatory determination. Natural Resources Defense Council (“NRDC”) petitioned for review of this action, arguing that EPA lacks the authority to withdraw a regulatory determination under the Act and that, even if EPA possesses such authority, it acted arbitrarily and capriciously by doing so. EPA, joined by Intervenor American Water Works Association, defends its action.   The DC Circuit granted NRDC’s petition, vacated EPA’s withdrawal of its regulatory determination, and remand to the agency for further proceedings. The court held the Safe Drinking Water Act does not permit EPA to withdraw a regulatory determination. The court explained that first, and most fundamentally, EPA’s interpretation of what Congress intended in the statute cannot overcome the statute’s directive that the agency “shall” regulate. And second, the history EPA cites is not inconsistent with the court’s interpretation. The 1996 amendments undoubtedly gave the agency more discretion in determining which contaminants to consider for regulation and whether to regulate them in the first instance. But they also balanced that discretion with a mandatory scheme requiring EPA to regulate after it determines to do so. View "NRDC v. Michael Regan" on Justia Law

This is an appeal from the district court’s denial of the State of North Dakota’s supplemental motion to intervene in the lawsuit against the Department of the Interior brought by the Mandan, Hidatsa and Arikara Nation, recognized as the Three Affiliated Tribes of the Fort Berthold Indian Reservation (“Tribes”). The Tribes, joined by the Interior Department, filed oppositions to the State’s continuing as a party. In response, the State moved again to intervene with respect to the remaining Counts. This time the district court denied the State’s intervention motion. The district court explained that “there [was] no longer a live controversy before the Court on that issue.” The court explained: “At various points, the State argues that ‘an M-Opinion does not establish legal title’ and that, as a result, a dispute remains.   The DC Circuit reversed. The court explained that the Interior lacks “authority to adjudicate legal title to real property.” The Interior Department conceded as much. The action of the Bureau of Indian Affairs recording title in its records office, therefore, could not “establish legal title,” as the district court supposed. As the Interior stated in its brief, “there has been no final determination of title to the Missouri riverbed.” The action of the Bureau of Indian Affairs recording title in its records office, therefore, could not “establish legal title,” as the district court supposed. Accordingly, the court wrote that there is no doubt that the State satisfied the Rule’s requirement that the intervention motion must be timely. View "Mandan, Hidatsa and Arikara Nation v. DOI" on Justia Law

Air Excursions, LLC provides air transportation services in Alaska and the Pacific Northwest. It claims that the United States Department of Treasury (Treasury) erroneously disbursed pandemic relief funds to a competitor airline and challenges that disbursement as unlawful under the Administrative Procedure Act (APA).   The DC Circuit vacated the district court’s order dismissing the complaint on the merits and remanded with instructions to dismiss for lack of jurisdiction. The court reasoned that the competitor standing doctrine supplies the link between increased competition and tangible injury but does not, by itself, supply the link between the challenged conduct and increased competition. The latter must be apparent from the nature of the challenged action itself—as in U.S. Telecom Association—or from the well-pleaded allegations of Plaintiff’s complaint. The court concluded that the complaint failed to establish that Air Excursions has suffered a competitive injury satisfying Article III’s injury in fact requirement. View "Air Excursions LLC v. Janet Yellen" on Justia Law

Plaintiff sought the services of the customized postage program to print copies of an adaptation of his drawing of Uncle Sam being strangled by a snake labeled “Citizens United” and configured as a dollar sign. However, acting through Zazzle, Inc., a third-party vendor, USPS rejected Plaintiff’s proposed design due to its partisan message, even as it accepted other customers’ postage designs with obvious political content. Plaintiff filed a complaint in the District Court against the Postal Service, contending that USPS’s customized postage program violated the prohibition against viewpoint discrimination under the First Amendment. In 2018, while Plaintiff’s case was pending in district court, the Postal Service amended the guidelines of its customized postage program to prohibit, inter alia, all “political” stamps. Plaintiff filed a Supplemental Complaint incorporating by reference every allegation from his First Amended Complaint and further alleging that the 2018 Guidelines were unconstitutional on its face. The district court granted summary judgment and declaratory relief to Plaintiff but declined to award injunctive relief.   The DC Circuit affirmed. The court first noted that Plaintiff has standing to seek injunctive and declaratory relief. The Postal Service rejected his customized stamp design due to its partisan message, even as USPS accepted other customers’ postage designs with obvious political content. As a result, Plaintiff suffered viewpoint discrimination, and his continuing inability to speak through custom stamps while others can is sufficient to support standing. However, the fact that Plaintiff has suffered injury sufficient to confer standing to seek injunctive relief does not necessarily make such relief appropriate on the merits. View "Anatol Zukerman v. USPS" on Justia Law

The Mine Safety and Health Administration (“MSHA”) is an agency within the Department of Labor whose mission is to administer the provisions of the Federal Mine Safety and Health Act (“Mine Act”). The Mine Act authorizes the Secretary of Labor (“Secretary”), acting through MSHA, to promulgate mandatory safety and health standards, inspect mines, issue citations and orders for violations of the Act or mandatory standards, and propose penalties for those violations. An inspector for MSHA discovered a crane at Westfall operating on-site with no working service brakes. Eight years after the sentence was deemed a final order, and only after MSHA had begun enforcement proceedings against the operator for failing to pay its delinquent penalties, Westfall filed a motion to reopen the matter. A two-member majority of the Commission granted the motion. The DC Circuit granted the Secretary’s petition for review, reversed the Commission’s decision dismissing Westfall’s motion to reopen as moot, and remanded the case for a prompt disposition. The court explained that the Commission’s decision relies on a ground not raised or addressed by the parties, lacks substantial evidence to support its principal findings, and ignores the potential applicability of Federal Rule of Civil Procedure 60(b) covering motions to reopen. View "Secretary of Labor v. Westfall Aggregate & Materials, Inc." 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 is a dual citizen of the United Kingdom and Saudi Arabia who entered the United States on a visa to receive graduate medical education. He sought to adjust his immigration status to that of a legal permanent resident under Section 1255 of the Immigration and Nationality Act (the “INA”). The United States Citizenship and Immigration Services (“USCIS”) determined that he was ineligible for adjustment of status and denied his applications. Appellant and his wife challenged that decision by filing suit under the Administrative Procedure Act (“APA”). The district court dismissed the case for lack of subject-matter jurisdiction under 8 U.S.C. Section 1252(a)(2)(B)(i).   The DC Circuit affirmed and held that the district court correctly dismissed Appellants’ case for lack of subject-matter jurisdiction. Based on the plain meaning of Section 1252(a)(2)(B)(i), and the reasoning of Patel v. Garland, 142 S. Ct. 1614, USCIS’s decision to deny Appellants’ application for adjustment of status is unreviewable by a federal district court. The court explained that to avoid the dismissal of their case, Appellants sought to confine Patel’s holding to petitions for review of removal orders. Although Patel addressed a judgment made in a removal proceeding before an immigration judge and reserved ruling on whether Section 1252(a)(2)(B)(i) bars review of analogous judgments by USCIS that are challenged under the APA in a federal court. The court saw no basis for the distinction that Appellants attempt to draw. Section 1252(a)(2)(B) specifically provides that the relevant jurisdiction-stripping language applies “regardless of whether the judgment, decision, or action is made in removal proceedings.” View "Adil Abuzeid v. Alejandro Mayorkas" on Justia Law

The Office of Personnel Management (OPM) administers retirement benefits for civilian employees of the U.S. government. OPM typically pays retirement benefits to retirees themselves. But when a retiree’s benefits are subject to division pursuant to a divorce decree, OPM divides them between the retiree and his or her former spouse according to the terms of the decree. The Federal Law Enforcement Officers Association (Association) brought this action against OPM in district court, claiming that OPM’s method of apportioning one type of retirement benefit, the Annuity Supplement, violates the Administrative Procedure Act. OPM moved to dismiss the complaint on jurisdictional grounds.   The district court acknowledged that federal employees’ claims for retirement benefits are generally routed through that system of review, but held that the Association’s claims fell within an exception allowing pre-enforcement challenges to agency rules to proceed in district court. Exercising jurisdiction, the district court dismissed one of the Association’s counts for failure to state a legally cognizable claim and, after the administrative record was filed, granted summary judgment to OPM as to the others.   The DC Circuit vacated the district court’s orders and remanded with instructions to dismiss for lack of jurisdiction. The court held that the CSRA’s system of review—which channels disputes about FERS retirement benefits through an administrative process, subject to direct review in the Federal Circuit—precludes district court review of the Association’s claims. View "Federal Law Enforcement Officers Association v. Kiran Ahuja" on Justia Law