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

The case involves the Center for Biological Diversity and other petitioners challenging the Environmental Protection Agency's (EPA) Renewable Fuel Standards (RFS) Program for the years 2023, 2024, and 2025. The petitioners include environmental organizations, refiners, a renewable fuel producer, and a biofuel trade association. They argue that the EPA's rule, known as the Set Rule, fails to adequately address the environmental impacts, particularly greenhouse gas emissions and effects on endangered species.The lower court, the United States Court of Appeals for the District of Columbia Circuit, reviewed the EPA's RFS Program standards for 2020-2022 in a previous case, Sinclair Wyo. Refin. Co. LLC v. EPA. In that case, the court upheld the EPA's standards. In the current case, the petitioners argue that the EPA did not adequately explain its reliance on outdated data for greenhouse gas emissions and failed to properly consult with the Fish and Wildlife Service (FWS) regarding the impact on endangered species.The United States Court of Appeals for the District of Columbia Circuit found that the EPA's use of outdated data for greenhouse gas emissions was arbitrary and capricious. The court also found that the FWS's concurrence with the EPA's determination that the Set Rule would have "no effect" on endangered species was not adequately explained. The court remanded the Set Rule to the EPA and FWS for further consideration and explanation without vacating the rule. The court denied the petitions of Neste and the Refiner Petitioners and dismissed SABR's petition for untimeliness and lack of standing. View "Center for Biological Diversity v. Environmental Protection Agency" on Justia Law

Ammar al-Baluchi, a Pakistani national, has been detained at the U.S. naval base in Guantánamo Bay since 2006. He is accused of supporting the September 11, 2001, attacks as a senior member of al-Qaeda. In 2008, al-Baluchi filed a habeas corpus petition in federal district court. In 2022, he moved to compel the government to convene a Mixed Medical Commission to assess his eligibility for repatriation due to alleged torture and resulting serious health issues. The district court denied his request, ruling that detainees captured during non-international armed conflicts are not entitled to such examinations under the Third Geneva Convention or Army Regulation 190-8.The United States District Court for the District of Columbia initially stayed al-Baluchi’s habeas case pending the outcome of his military commission trial. After temporarily lifting the stay to consider his motion for a Mixed Medical Commission, the court denied the motion, leading al-Baluchi to appeal the decision.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court determined that it lacked jurisdiction to review the district court’s nonfinal order. The court found that al-Baluchi did not demonstrate that the denial of his motion had the practical effect of denying injunctive relief or that it caused serious or irreparable harm requiring immediate review. The court noted that even if a Mixed Medical Commission found al-Baluchi eligible for repatriation, the government retained discretion to delay repatriation until the completion of his military commission proceedings. Consequently, the appeal was dismissed for lack of jurisdiction. View "Al-Baluchi v. Hegseth" on Justia Law

Troy Grove and Vermilion Quarry, divisions of RiverStone Group, Inc., were found by the National Labor Relations Board (NLRB) to have violated the National Labor Relations Act (NLRA). The case involved seven employees at the two quarries, represented by the International Union of Operating Engineers, Local 150, AFL-CIO. The company was accused of unfair labor practices in bargaining over a pension fund and in its treatment of two employees.The NLRB ruled that the company had not bargained in good faith, declaring that the parties were not at an impasse and that the company had threatened to cease contributions to the pension fund. The company and the union both petitioned for judicial review, and the NLRB sought enforcement of its order. The company argued that the parties were indeed at an impasse after five years of negotiations and a three-year strike, and that the union's last-minute information request did not change this.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court found that the NLRB's decision was not supported by substantial evidence and that the parties were at an impasse. The court noted that the union's denial of an impasse and its information request were insufficient to rebut the clear evidence of a deadlock. Consequently, the court vacated the NLRB's order regarding the pension fund issue.Regarding the treatment of the two employees, the NLRB had found that the company violated Section 8(a)(1) of the NLRA by issuing layoff notices shortly after the employees participated in union activities. The court upheld this part of the NLRB's decision, finding that the timing and circumstances of the layoff notices could reasonably be seen as coercive.The court granted the company's petition for review on the pension fund issue, vacated the relevant parts of the NLRB's order, denied the union's petition for review, and granted the NLRB's cross-application for enforcement in all other respects. View "Troy Grove v. NLRB" on Justia Law

Mady Marieluise Schubarth pursued compensation for land allegedly seized from her family in Soviet-occupied Germany after World War II. She sued BVVG Bodenverwertungs-und-Verwaltungs GmbH (BVVG), an agent of Germany, under the expropriation exception to the Foreign Sovereign Immunities Act (FSIA). BVVG argued that U.S. courts lacked subject matter jurisdiction because the taking was a domestic matter, not subject to the expropriation exception. The district court disagreed and denied BVVG’s motion to dismiss.The United States District Court for the District of Columbia initially dismissed Schubarth’s action for lack of subject matter jurisdiction under the FSIA. On appeal, the United States Court of Appeals for the District of Columbia Circuit affirmed the dismissal of Germany but reversed and remanded as to BVVG, allowing the case to proceed. On remand, the district court directed jurisdictional discovery, and BVVG again moved to dismiss, claiming the expropriation was a domestic taking. The district court denied this motion, leading to the current appeal.The United States Court of Appeals for the District of Columbia Circuit reviewed the case and affirmed the district court’s denial of BVVG’s motion to dismiss. The court held that the 1945 expropriation of the Estate was not a domestic taking because it implicated both Germany and the Soviet Union, thus interfering with relations among states. The court concluded that the expropriation could not be considered a domestic taking and remanded the case for further proceedings to determine whether the expropriation constituted a taking in violation of international law. View "Schubarth v. BVVG Bodenverwertungs- Und -Verwaltungs GMBH" on Justia Law

Roberto Adams, a police officer, was convicted of wire fraud and money laundering related to the misuse of a small-business loan he received under the Paycheck Protection Program (PPP) of the Coronavirus Aid, Relief, and Economic Security Act. Adams did not testify at his trial, and his counsel requested a jury instruction to not draw any adverse inference from this decision. The district court agreed but inadvertently omitted the instruction. Adams' counsel failed to object until after the jury's verdict, which led to a motion for a new trial.The United States District Court for the District of Columbia granted Adams' motion for a new trial, finding that the omission of the no-adverse-inference instruction was plain error and prejudicial. The court noted that the government's case relied heavily on circumstantial evidence to prove Adams' knowledge and intent, and the jury's split verdict indicated that the case was close. The court concluded that the error likely affected the outcome of the trial.The United States Court of Appeals for the District of Columbia Circuit reviewed the case and affirmed the district court's decision. The appellate court agreed that the omission of the instruction was plain error and that it affected Adams' substantial rights. The court emphasized that the government's case was not overwhelming and relied on inferences from circumstantial evidence. The appellate court also found that the error seriously affected the fairness, integrity, and public reputation of the judicial proceedings, warranting a new trial. View "USA v. Adams" on Justia Law

Kimball Wind, LLC operates a wind facility in Nebraska, generating electricity transmitted on a network owned by the Western Area Power Administration (WAPA). Before operations began, WAPA determined that a substation expansion was necessary to safely transmit the facility's electricity. WAPA offered to cover part of the expansion costs, requiring Kimball Wind to pay the rest. Kimball Wind agreed under protest, believing WAPA wrongfully made it responsible for most of the costs. Kimball Wind petitioned the Federal Energy Regulatory Commission (FERC) for an order directing WAPA to reimburse its contribution to the substation expansion.The Federal Energy Regulatory Commission determined that section 211A of the Federal Power Act does not provide for the relief sought by Kimball Wind. The Commission found that Kimball Wind did not seek an order for transmission services, which is the sole form of relief provided by section 211A. Kimball Wind then filed a request for rehearing, arguing that the order was internally inconsistent and unsupported by substantial evidence. The Commission denied the request for rehearing.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court agreed with the Commission that section 211A does not authorize the Commission to issue an order directing WAPA to reimburse Kimball Wind for its contribution to the substation expansion. The court found that Kimball Wind did not seek an order for transmission services, the only type of order the Commission may issue under section 211A. Consequently, the court denied the petition for review. View "Kimball Wind, LLC v. FERC" on Justia Law

David J. Rudometkin was found guilty of several offenses by a military judge in 2018 and sentenced to seventeen years of confinement. His post-trial motion for a mistrial was denied by another military judge after the original judge was suspended for inappropriate conduct. Rudometkin then submitted FOIA requests to the Army and the Department of Defense for records related to the judges involved. The government either did not respond meaningfully or rejected the requests under FOIA exemptions.Rudometkin filed a pro se complaint in the District Court in 2020, challenging the government's withholding of records. He later amended his complaint to focus solely on records related to the appointment of the Chief Trial Judge. The District Court granted the government's motion for summary judgment, concluding that the government had adequately searched for records and appropriately withheld information under Exemption 5’s deliberative-process privilege. The court also denied Rudometkin’s motions to amend his complaint to include his original FOIA claim regarding the Army’s investigatory records of the first judge.On appeal, the United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court found that the government did not establish that it properly withheld records under Exemption 5’s deliberative-process privilege and had not shown that it released all reasonably segregable information. The court reversed and remanded on the segregability issue. However, the court affirmed the District Court’s denial of Rudometkin’s motion to amend his complaint, as his FOIA claim regarding the Army’s investigatory records of the first judge was now live in a separate action. View "Rudometkin v. USA" on Justia Law

The case involves the Federal Energy Regulatory Commission (FERC) extending the construction deadline for the Mountain Valley Pipeline, LLC (MVP) Southgate Project. Initially, FERC issued a certificate of public convenience and necessity for the Southgate Project in June 2020, setting a construction completion deadline of June 18, 2023. However, due to unresolved permitting issues for the Mainline, which Southgate extends from, the construction could not proceed as planned. MVP requested an extension shortly before the deadline, citing delays in Mainline permitting as the reason for not meeting the original deadline.The Commission granted MVP's extension request, finding that MVP had demonstrated good cause due to unavoidable circumstances, specifically the Mainline permitting delays. FERC also maintained that its previous assessments of market need and environmental impacts for the Southgate Project remained valid and did not require reevaluation.Eight environmental organizations petitioned for review, arguing that FERC's decision to extend the construction deadline and its refusal to revisit prior assessments were arbitrary and capricious. They contended that MVP had not made reasonable efforts to advance the Southgate Project and that the market need and environmental impact analyses were outdated.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that FERC reasonably found that MVP had satisfied the good cause standard for the extension, given the permitting and litigation delays with the Mainline. The court also upheld FERC's decision not to revisit its prior findings on market need and environmental impacts, concluding that the information presented by the petitioners did not constitute significant changes in circumstances. Consequently, the court denied the petitions for review. View "Appalachian Voices v. Federal Energy Regulatory Commission" on Justia Law

In August 2022, a bin full of phosphate rock collapsed at the Lee Creek Mine in Beaufort, North Carolina, injuring three miners. Industrial TurnAround Corporation (ITAC), the independent contractor responsible for checking the structural integrity of the bin's support columns, was cited by the Mine Safety and Health Administration (MSHA) for failing to take defective equipment out of service. MSHA sent a notice of proposed penalty to ITAC's outdated address of record, and ITAC did not contest the penalty, which became final 30 days later. ITAC subsequently filed a motion to reopen the penalty, claiming it had inadvertently failed to update its address of record.The Federal Mine Safety and Health Review Commission granted ITAC's motion to reopen the penalty, citing excusable neglect under Federal Rule of Civil Procedure 60(b). The Commission noted that ITAC had not occupied the address since 2009 and had only discovered the MSHA notice when an employee checked for missing packages. The Secretary of Labor, representing MSHA, opposed the motion, arguing that ITAC's failure to update its address could not be excused under FRCP 60(b).The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that the Commission’s order to reopen the penalty was not an appealable collateral order and dismissed the Secretary’s petition for lack of jurisdiction. The court emphasized that the order did not impose an obligation, deny a right, or fix a legal relationship, and that the interest in immediate review did not meet the high threshold required under the collateral order doctrine. The court concluded that the Commission’s decision to reopen the penalty did not involve a substantial public interest or a particular value of a high order that justified immediate appeal. View "Secretary of Labor v. Industrial TurnAround Corporation" on Justia Law

Media Matters for America and Eric Hananoki, a senior investigative reporter, filed a lawsuit against Warren Kenneth Paxton, Jr., in his official capacity as the Attorney General of Texas. The plaintiffs alleged that the Texas Office of the Attorney General launched a retaliatory campaign against them after they published an unfavorable article about X.com, a social media platform owned by Elon Musk. The article reported that corporate advertisements on X appeared next to antisemitic posts and that Musk endorsed an antisemitic conspiracy theory. Following the publication, the Texas Attorney General's office issued a civil investigative demand (CID) to Media Matters, requiring them to produce extensive records.The United States District Court for the District of Columbia granted the plaintiffs' motion for a preliminary injunction and denied Paxton's motion to dismiss for improper venue and lack of personal jurisdiction and subject matter jurisdiction. The court found that the investigation and CID constituted cognizable injuries sufficient to establish the plaintiffs' standing. The court concluded that the plaintiffs satisfied the requisite factors for a preliminary injunction, including a likelihood of success on the merits of their First Amendment retaliation claim.The United States Court of Appeals for the District of Columbia Circuit reviewed the case and affirmed the District Court's judgment. The appellate court held that Paxton was subject to personal jurisdiction in the District of Columbia because he purposefully directed actions at the plaintiffs in the District. The court also found that the plaintiffs' complaint raised a justiciable claim of First Amendment retaliation, as they alleged concrete and ongoing harms resulting from the retaliatory investigation. The court concluded that the District of Columbia was a proper venue for the action and that the District Court did not err in issuing the preliminary injunction. View "Media Matters for America v. Paxton." on Justia Law