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

Mathew filed suit challenging the Board's order in this case, raising a Recess Appointments Clause challenge. A panel of three Board members decided Mathew's case and Mathew argues that one of those three members, Craig Becker, was appointed by the President without either Senate consent or compliance with the Clause. President Obama appointed Member Becker by recess appointment during an intra-session Senate recess of 17 days. Based on the Supreme Court's recent decision in National Labor Relations Board v. Noel Canning, the court concluded that the President's appointment of Member Becker was constitutionally valid. The court lifted a prior order withholding issuance of the mandate rejecting Mathew's other challenges and ordered issuance of the mandate. View "Mathew Enterprise, Inc. v. NLRB" on Justia Law

In 2011, SecurityPoint filed suit against TSA for infringement of a patent covering some equipment and methods used in the Bin Advertising Program. In 2012, TSA modified the Program, amending the Memorandum of Understanding (MOU) template to require participating airports to indemnify TSA from all liability for intellectual property claims related to the checkpoint equipment. TSA also changed the template to provide that, on cancellation of an agreement between an airport and a private company, TSA would retain the right to use the checkpoint equipment as well as a license to all intellectual property necessary for such use. SecurityPoint opposed the changes and wrote a cease and desist letter to TSA's Chief Counsel. SecurityPoint then petitioned for review of TSA's changes. The court held that TSA's chief counsel's letter rejecting SecurityPoint's request is a reviewable order and the court has jurisdiction under 49 U.S.C. 46110(a); on the merits, the court concluded that the letter failed to provide any basis upon which the court could conclude that it was the product of reasoned decisionmaking; nor is there anything in the record beyond counsel's letter that would support TSA's decision; and because TSA failed to consider an important aspect of the problem before it, its decision must be set aside as arbitrary and capricious. Accordingly, the court granted the petition for review. View "Security Point Holdings, Inc. v. TSA" on Justia Law

Petitioners seek vacatur of OSHA's Final Rule revising its Hazard Communication Standard requiring employers across industries to develop a program for classifying the dangers of workplace chemicals and conveying those dangers to their employees. Petitioners, businesses that handle and process grain and other agricultural products, and others, seek vacatur of the Final Rule as it applies to combustible dust. The court concluded that petitioners had express notice that combustible dust, however labeled, would be subject to the relevant requirements of the Final Rule; there was substantial evidence and an adequate explanation to support OSHA's decision to incorporate an interim definition of "combustible dust" and guidance until a more precise definitions is implemented in another rulemaking; petitioners' facial vagueness challenge is ripe for review; and on the merits, however, the vagueness claim fails because the Final Rule satisfies due process where the term "combustible dust" is clear enough to provide fair warning of enforcement, and OSHA has provided additional guidance on how the revised Hazard Communication Standard will be enforced. Accordingly, the court denied the petition for review. View "Nat'l Oilseed Processors Assoc. v. OSHA" on Justia Law

Shieldalloy, manufacturer of metal alloys in New Jersey, petitioned for review of the NRC's order reinstating the transfer of regulatory authority to the State of New Jersey under the Atomic Energy Act, 42 U.S.C. 2021. The order at issue addressed concerns raised by this Court in Shieldalloy II. The court concluded that the NRC's transfer of regulatory authority to New Jersey under section 2021 was not arbitrary or capricious because New Jersey's regulations are compatible with the NRC's regulations and its reading of 10 C.F.R. 20.1403(a). The NRC has rationally addressed concerns when it provided a textual analysis of section 20.1403 and explained how New Jersey's regulatory regime is adequate and compatible with the NRC's regulatory program. The order does not conflict with the NRC's prior interpretations or amount to a convenient, post hoc litigation position. Accordingly, the court denied the petition for review. View "Shieldalloy Metallurgical Corp. v. NRC" on Justia Law

The States of West Virginia and Kentucky, along with coal mining companies and trade associations, challenged EPA and Corps' Enhanced Coordination Process memorandum, which applied to National Pollutant Discharge Elimination System (NPDES) permit applications that were stalled because of litigation, and the EPA's Final Guidance. The court concluded that EPA and the Corps acted within their statutory authority when they adopted the Enhanced Coordination Process. Under the court's precedents, the Final Guidance is not a final action reviewable by the courts at this time. If and when an applicant is denied a permit, the applicant at that time may challenge the denial of the permit as unlawful. Accordingly, the court reversed the district court's grant of summary judgment to plaintiffs and remanded with directs to grant judgment for the Government on the Enhanced Coordination Process claim and to dismiss plaintiffs' challenge to the Final Guidance.View "National Mining Assoc., et al. v. Jackson, et al." on Justia Law

Appellants, a group of long-term care hospitals, challenged the Secretary's determination that, because the organizations operate out of buildings previously owned by hospital entities, they are not "new hospitals." The court concluded that the Secretary's conclusion was arbitrary and capricious because the court could not tell how the Secretary arrived at this conclusion. Accordingly, the reversed the district court's grant of summary judgment in favor of appellees and remanded with instructions.View "Select Specialty Hospital - Bloomington, Inc., et al. v. Burwell" on Justia Law

Petitioners sought review of FERC's orders affecting the administration of the Independent System Operator-New England (ISO-NE) and specifically directed to curtailment of the exercise of market power in the New England energy market. The court held that FERC has jurisdiction to regulate the parameters comprising the Forward Capacity Market, and that applying offer-floor mitigation fits within the Commission's statutory rate-making power. The court concluded that none of the petitioners established that FERC has committed reversible error and the court denied the petition for review. View "New England Power Gen. Assoc. v. FERC" on Justia Law

Petitioners unsuccessfully opposed the closures of three post offices by the Postal Service, unsuccessfully appealed the Postal Service's determinations to the Commission, and now seek to review the Commission's decisions. The court concluded that, because the petitioners in the Spring Dale case have received all the relief they sought, their petition is moot and must be dismissed. As to the remaining two petitions regarding the Pimmit Branch and the Venice Post Office, the court denied the petitions because neither the Administrative Procedure Act, 5 U.S.C. 500 et seq., review nor non-statutory review of the Commission's decision is available.View "Mittleman v. Postal Regulatory Commission" on Justia Law

The city of Jersey City and a coalition of environmental groups filed separate petitions challenging FERC's order granting a certificate of public convenience and necessity for the construction of a natural gas pipeline connecting New York and New Jersey. The court concluded that it could not consider the merits of the petitions where the environmental petitioners lacked Article III standing as an association; the court did not have original jurisdiction over claims arising from the Budget Act, Pub.L. 105-33, 111 Stat. 251; and the court rejected the City's remaining standing claims. Accordingly, the court dismissed the petitions for lack of jurisdiction.View "NO Gas Pipeline v. FERC" on Justia Law

Petitioner challenged the FAA's revocation of his Designated Pilot Examiner appointment based on deficiencies in his performance. Petitioner argued that the FAA failed to follow its own procedures and that one of his FAA evaluators labored under a conflict of interest. The court concluded that plaintiff's termination letter substantially complied with an FAA order and, moreover, plaintiff failed to demonstrate prejudice from the alleged deficiencies in the specificity of his termination letter. Further, plaintiff failed to show that any improper conflict of interest affected the decision to terminate his appointment. Accordingly, the court denied the petition for review.View "Sheble, III v. Huerta, et al." on Justia Law