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

Otis Elevator petitioned for review of the Commission's upholding of an OSHA citation for violating safety standards involved in the control of hazardous energy. A service mechanic employed by Otis Elevator injured his hand while unjamming the gate of a freight elevator and the accident spurred the OSHA investigation. The court concluded that the Commission's determinations that the safety standards applied to the mechanic's work and were violated were neither arbitrary nor capricious, and were supported by substantial evidence. Accordingly, the court denied the petition for review. View "Otis Elevator Co. v. Secretary of Labor, et al." on Justia Law

Petitioners challenged the Commission's approval of a proposal for the construction of a natural gas compressor station in the Town of Minisink, New York. Petitioners argued, among other things, that the Commission's approval of the project was arbitrary and capricious, particularly given the existence of a nearby alternative site (the Wagoner Alternative) they insist is better than the Minisink locale. The court concluded that the Commission's consideration of the Wagoner Alternative falls within the bounds of its discretion and the court had no basis to upset the Commission's application of its Section 7 of the Natural Gas Act, 15 U.S.C. 717-717z, authority on this point; the court was satisfied that the Commission properly considered cumulative impacts of the Minisink Project; the court reject petitioners' argument that the Minisink Project violates the siting guidelines; and the court rejected petitioners' claims of procedural errors. Accordingly, the court denied the petitions for review. View "Minisink Residents for Enviro., et al. v. FERC" on Justia Law

Section 5000A of the Patient Protection and Affordable Care Act, 26 U.S.C. 5000A, mandates that as of January 2014, non-exempt individuals maintain minimum health care coverage or, with limited exceptions, pay a penalty. Plaintiff filed suit alleging that the mandate violated the Commerce Clause and the Origination Clause of the Constitution. The court concluded that plaintiff's contention that the mandate obligating him to buy government-approved health insurance violates the Commerce Clause fails under the Supreme Court's interpretation of the mandate in National Federation of Independent Business v. Sebelius; plaintiff's contention that the mandate's shared responsibility payment was enacted in violation of the Origination Clause fails under Supreme Court precedent interpreting the Clause; and, therefore, the court affirmed the district court's dismissal of his complaint. View "Sissel v. HHS, et al." on Justia Law

Appellant, a retired officer of the Navy Reserve, seeks to correct his military record to reflect that he was retired by reason of physical disability. When appellant was discharged from the Selected Reserve and transferred to the Retired Reserve, he was found "Not Physically Qualified" to continue service. Appellant argued, inter alia, that he should have been given a physical disability retirement due to his psoriasis and psoriatic arthritis. The district court dismissed the action because it was barred by an earlier CFC dismissal under the doctrine of res judicata. The court affirmed the district court's dismissal of appellant's claims challenging his 1996 discharge from active duty, his 2002 discharge from the Selected Reserve, and the BCNR decisions issued between 2000 and 2002, because those claims were barred by the Administrative Procedure Act's (APA), 5 U.S.C. 551 et seq., statute of limitations. However, the court reversed the district court's dismissal of appellant's challenges to the 2006 and 2007 BCNR decisions and remanded for further proceedings. Res judicata did not bar appellant's suit because the CFC dismissal did not constitute a final, valid judgment on the merits. View "Havens v. Mabus, Jr." on Justia Law

Ralls, an American corporation whose owners are Chinese nationals, purchased four American limited liability companies (Project Companies) previously formed to develop windfarms in north-central Oregon. CFIUS determined that Ralls' acquisition of the Project Companies threatened national security and issued temporary mitigation orders restricting Ralls' access to, and preventing further construction at, the Project Companies' windfarm sites. The President also concluded that the transaction posed a threat to national security. On appeal, Ralls challenged CFIUS's final order and the Presidential Order, which prohibited the transaction and required Ralls to divest itself of the Project Companies. The court concluded that the Presidential Order deprived Ralls of constitutionally protected property interests without due process of law; the court remanded to the district court with instructions that Ralls be provided the requisite process which should include access to unclassified evidence on which the President relied and an opportunity to respond; and the court left it to the district court to address the merits of Ralls' remaining claims in the first instance since the CFIUS Order claims were dismissed on a jurisdictional ground and given the scant merits briefing. View "Ralls Corp. v. Committee on Foreign Investments, et al." on Justia Law

This petition involves Bermuda's efforts to secure rights from the International Telecommunication Union (ITU) to operate a satellite at the 96.2 degree W.L. orbital location. Bermuda partnered with EchoStar to deploy and maintain its satellite at this orbital location. Meanwhile, the Netherlands also sought rights from the ITU to operate a satellite at a nearby orbital location. Petitioner, Spectrum Five, a developer and operator of satellites working in partnership with the Netherlands, filed an objection to the FCC to EchoStar's request to move its satellite from 76.8 degrees W.L. to 96.2 degrees W.L. The FCC granted EchoStar's request and determined that Bermuda secured rights to the 96.2 degree W.L. orbital location. Spectrum Five petitioned for review of the Commission's order, claiming principally that the Commission acted arbitrarily and capriciously. The court dismissed the petition for lack of Article III standing because Spectrum Five failed to demonstrate a significant likelihood that a decision of this court would redress its alleged injury. View "Spectrum Five LLC v. FCC" on Justia Law

Petitioners sought review of FERC's final rule governing what FERC calls "demand response resources in the wholesale energy market." The rule sought to incentivize retail customers to reduce electricity consumption when economically efficient. The court concluded that, because FERC's rule entails direct regulation of the retail market - a matter exclusively within state control - it exceeds the Commission's authority. Alternatively, even if the court assumed that FERC had statutory authority to execute the final rule, Order 745 would still fail because it was arbitrary and capricious. Given Order 745's regulation of the retail market, the court vacated the rule in its entirety as ultra vires agency action. Accordingly, the court vacated and remanded the rulings. View "Electric Power Supply Assoc. v. FERC" on Justia Law

National filed suit under the Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq., seeking the CIA's draft of Volume V concerning the Bay of Pigs invasion in the spring of 1961. The CIA claims that the draft of Volume V is exempt from disclosure under Exemption 5 of FOIA. The court affirmed the district court's grant of summary judgment to the CIA, applying the reasoning in Russell v. Department of the Air Force and Dudman Communications Corp. v. Department of the Air Force and concluding that in this case, which involves a draft agency history, the district court correctly concluded that the draft of Volume V is exempt in its entirety under Exemption 5. View "National Security Archive v. CIA" on Justia Law

Guardians and other environmental groups petitioned the EPA to add coal mines to the regulated list of statutory source categories under the Clean Air Act, 42 U.S.C. 7411(b)(1)(A). EPA denied the petition, explaining that it must prioritize its actions in light of limited resources and ongoing budget uncertainties. The court found that the EPA's action easily passed muster under the "extremely limited" and "highly deferential" standard that governed the court's review of an agency's denial of a rulemaking petition. The reasons given were consistent with the agency's delegated authority and supported by the record. Accordingly, the court denied the petition for review. View "WildEarth Guardians v. EPA, et al." on Justia Law

Appellant, a coal mine operator, filed suit against the Secretary, challenging a Department of the Interior regulation requiring mine operators to pay a reclamation fee when the coal is ultimately sold or used, rather than immediately after the coal is removed from the ground. Appellant argued that the regulation could not be constitutionally applied to coal sold for export because the Export Clause of the Constitution states that "No Tax or Duty shall be laid on Articles exported from any state." U.S. Const. Art. I. 9, cl.5. Section 1276 of the Surface Mining Control and Reclamation Act, 30 U.S.C. 1276(a)(1) explicitly provides that all challenges to regulations promulgated under the Act must be brought within sixty days of a rule's promulgation. The court concluded that section 1276 was applicable in this case and the court agreed with the district court that appellant's challenge was untimely. Accordingly, the court affirmed the judgment of the district court. View "Coal River Energy, LLC v. Jewell, et al." on Justia Law