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

Petitioners sought review of two final rules, promulgated pursuant to the Clean Air Act, 42 U.S.C. 7501-7509a, 7513-7513b, which governed implementation of the national ambient air quality standard (NAAQS) for "fine" particulate matter. The court held that the EPA erred in applying the provisions of Subpart 1 of Part D of Title 1 of the Act rather than the particulate-matter-specific provisions of Subpart 4 of Part D of Title I. Accordingly, the court granted the petitions for review and remanded for further proceedings. View "Natural Resources Defense Council v. EPA" on Justia Law

Appellees sued to compel the Service to comply with deadlines set forth in the Endangered Species Act (ESA), 16 U.S.C. 1533(b)(3), for determining whether to list species as endangered or threatened. As the case neared settlement, the Safari Club moved to intervene pursuant to Rule 24 in the order to oppose the settlements which would include three species that its members hunt. On appeal, the Safari Club challenged the district court's denial of intervention, contending that it qualified for intervention as of right, as well as permissively. Because the Safari Club failed to identify a violation of a procedural right afforded by the ESA that was designed to protect its interests, the district court did not err in ruling that the Safari Club lacked standing and therefore was ineligible to intervene as of right. The court affirmed the decision of the district court without reaching the Safari Club's objections to the settlement agreements. View "In re: Endangered Species Act Section 4" on Justia Law

Congress enacted section 703 of the National Defense Authorization Act for Fiscal Year 2008, 10 U.S.C. 1074g(f), which subjected all prescriptions purchased at retail pharmacies by service members to the same price caps as drugs procured directly by the Department of Defense. Pursuant to this provision, the Secretary of Defense issued a regulation requiring pharmaceutical manufacturers to refund to the federal government the difference between the retail price and the price cap. The Coalition, a multi-industry interest group that represented pharmaceutical companies, filed suit challenging these actions. The court concluded that the Secretary reasonably interpreted section 703 to impose involuntary price caps and held that the statute itself imposed retroactive rebate liability on pharmaceutical manufacturers. View "Coalition For Common Sense in Government Procurement v. United States, et al" on Justia Law

Appellant was convicted of three murders and sentenced to death. This appeal stemmed from appellant's Freedom of Information Act (FOIA), 5 U.S.C. 552, requests to the FBI seeking information related to the FBI's investigation of him. Appellant appealed the district court's grant of summary judgment in favor of the FBI, which concluded that the FBI had released all non-exempt documents as required by FOIA; that the FBI performed an adequate search; and that the FBI correctly applied FOIA Exemptions 3, 7(C), and 7(D). The court affirmed the judgment and rejected appellant's argument that the FBI improperly withheld the 125 pages at issue and appellant's complaint about the alleged inadequacy of the search. The court concluded that the FBI had released all reasonably segregable, non-exempt material to appellant. View "Hodge v. FBI, et al" on Justia Law

Appellant alleged that the District of Columbia violated rights conferred upon him by Article 36(1)(b) of the Vienna Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T. 77, 101, 596 U.N.T.S. 261. Appellant is a national of Jamaica and currently incarcerated in a federal penitentiary. Assuming without deciding that Article 36(1)(b) conferred individually enforceable rights under 42 U.S.C. 1983, the court concluded that appellant's suit was untimely. Accordingly, the court affirmed the district court's grant of summary judgment to the District of Columbia. View "Earle v. District of Columbia" on Justia Law

Defendant pled guilty to Student Aid Fraud, Bank Fraud, and Social Security Fraud. Defendant appealed from the district court's judgment on several grounds. The court held that the district court erred in describing the elements of Student Aid Fraud; however, the error did not affect defendant's substantial rights. The court found no merit in any of the remaining claims raised by defendant on appeal. Accordingly, the court affirmed the judgment. View "United States v. Moore" on Justia Law

Plaintiff appealed from the dismissal of wrongful death and survival actions she filed against her son's employer and two pharmaceutical companies. Plaintiff's son committed suicide using a gun provided by his employer while he was taking prescribed medication manufactured and distributed by the pharmaceutical companies. The court held that the district court did not err in ruling that plaintiff failed to state a claim of negligence against the employer when the district court invoked, sua sponte, District of Columbia law that suicide was an intervening and independent cause of death subject to limited exceptions that were inapplicable. The court declined to certify questions of negligence-liability to the D.C. Court of Appeals. The court also held that the district court did not err in ruling that the complaint failed to state a plausible claim of products liability against the pharmaceutical companies and in denying her leave to amend. View "Rollins v. Wackenhut Services, Inc., et al" on Justia Law

Black Beauty petitioned for review of an order of the Federal MSHRC adopting the findings of the ALJ. The court held that the ALJ's conclusion that Black Beauty violated 30 C.F.R. 75.400 was supported by substantial evidence; Black Beauty's violation of section 75.400 constituted an unwarrantable failure; and the ALJ's high negligence finding was supported by substantial evidence. Accordingly, the court denied the petition for review. View "Black Beauty Coal Co. v. MSHR, et al" on Justia Law

Appellant pleaded guilty to four counts of sex trafficking of children and was sentenced to imprisonment, as well as ordered to pay a total of $3,892,055 in restitution to the four victims. On appeal, appellant challenged the restitution order but the Government argued that he waived his right to appeal the order. The court concluded that appellant did not waive his right to appeal the restitution order but the court rejected appellant's arguments on the merits and affirmed the judgment. View "In re: Sealed Case, et al" on Justia Law

Petitioners, a group of California generators, including Calpine, petitioned for review of FERC's orders under the Federal Power Act, 16 U.S.C. 824. On appeal, the court considered FERC's authority to regulate public-utility charges to independent generators for the latter's use of "station power" - the electricity necessary to operate a generator's requirements for light, heat, air conditioning, etc. The court concluded that FERC's jurisdictional determination was not arbitrary or capricious. The generators were on notice that they could be assessed retail charges for station power depending on the outcome of this litigation. The generators have alternative means of alleviating any potential grievances stemming from retroactive charges. Accordingly, Calpine's petition for review was denied and FERC's orders on remand were affirmed. View "Calpine Corp., et al v. FERC" on Justia Law