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

After the DC Circuit held that the Corps violated the National Environmental Policy Act (NEPA) when it issued a permit to the Dominion to construct the Surry-Skiffes Creek-Whealton project and vacated the permit, the Corps and Dominion sought panel rehearing solely on the issue of remedy. Neither petitioner bothered to advise the court that construction on the project had been completed and the transmission lines electrified the week before the court issued its opinion. The court remanded the case to the district court to consider whether vacatur remains the appropriate remedy, including whether petitioners have forfeited or are judicially estopped from now opposing vacatur. View "National Parks Conservation Assoc. v. Semonite" on Justia Law

Sierra Club challenged the EPA's adoption of a final rule modifying its regulations for air monitoring networks. The DC Circuit held that Sierra Club was barred from seeking review of the claimed legal requirement that monitoring plans be assessed under the same procedures as state implemented plans (SIPS) because the new rule and EPA's preamble did no more than echo a prior EPA regulation; Sierra Club lacked standing to attack the sampling frequency changes; and Sierra Club failed to make a showing that the asserted non-response on quality assurance issues manifested any failure to consider factors relevant to the changes. Accordingly, the court dismissed Sierra Club's first two claims and denied the third. View "Sierra Club v. EPA" on Justia Law

After the Superior Court approved Chartered's reorganization plans, DC Healthcare Systems filed suit against the District and others, alleging that defendants' unlawful and unconstitutional actions manufactured Chartered's financial distress and forced it into the rehabilitation proceedings. The district court dismissed the action based on lack of subject matter jurisdiction under the Rooker-Feldman doctrine.The DC Circuit reversed and held that the Rooker-Feldman doctrine did not deprive the district court of jurisdiction to decide this case. The court held that Healthcare Systems' federal lawsuit did not invite district court review and rejection of the Superior Court's judgments. Rather, it presented claims that were independent of and distinct from those adjudicated by the Superior Court. Accordingly, the court remanded for further proceedings. View "D.C. Healthcare Systems, Inc. v. District of Columbia" on Justia Law

After the press reported that White House personnel were communicating over messaging apps that, unlike standard text messaging platforms that preserve conversations, automatically delete messages once read, CREW sought a writ of mandamus prohibiting the use of such apps and requiring the White House to issue guidelines to ensure compliance with the Presidential Records Act (PRA). As press attention to the messaging practice spread and before this lawsuit commenced, White House Counsel circulated an internal memo describing the staff's PRA obligations (the February 2017 Memo).The DC Circuit affirmed the district court's denial of the writ and held that CREW failed to establish a clear and indisputable right to relief. The court held that, by issuing the February 2017 Memo, the White House has instructed its staff to comply with the PRA, and it has done so by prohibiting the use of message-deleting apps and restricting electronic communications to official email accounts that automatically preserve records. Furthermore, under the law of this circuit, the court would have no jurisdiction to order the correction of any defects in the White House's day-to-day compliance with the Memo's records-preservation policy. View "Citizens for Responsibility and Ethics in Washington v. Trump" on Justia Law

Plaintiffs filed suit against SunTrust, alleging accounting and fraudulent-concealment claims arising from the loss of funds deposited into a Florida bank account more than two decades ago. The DC Circuit affirmed the district court's grant of summary judgment to the bank, holding that there was no genuine issue of material fact regarding plaintiffs' claim for an equitable accounting of the disputed funds, as well as plaintiffs' fraudulent-concealment claim.The court also held that the district court permissibly denied plaintiffs' motions to compel further discovery and to defer ruling on summary judgment in the meantime; the district court permissibly denied plaintiffs' motion to reconsider summary judgment on the concealment claim; and the district court permissibly declined to allow plaintiffs to file a third amended complaint to expand the concealment claim beyond the alleged litigation misconduct in 2015 and 2016. View "Trudel v. SunTrust Bank" on Justia Law

The DC Circuit affirmed defendant's 24 month sentence for violating his terms of supervised release. The court held that the sentencing judge reviewed and explained defendant's "very extensive" and "horrible" criminal record, as well as his repeated violations of the terms imposed on him by the current sentencing judge and others during his brief periods out of prison. Furthermore, the sentencing judge did not rely on mistakes of fact or plainly err in calculating his criminal history. The court considered defendant's remaining claims of error and rejected them. View "United States v. Duckett" on Justia Law

After RERI claimed a charitable contribution deduction of $33 million on its 2003 federal tax return, the IRS determined that RERI was not entitled to the deduction and imposed a 40% penalty for underpayment of tax. The DC Circuit affirmed the tax court's decision upholding the IRS's determinations and agreed with the tax court that RERI fell short of the substantiation requirements of the charitable contribution deduction by omitting its basis in the donated property. Therefore, the court did not reach the IRS's further argument that RERI failed to satisfy the substantiation requirements because the appraisal it submitted was not a "qualified appraisal" within the meaning of section 1.170A-13(c)(3) of the Internal Revenue Code. The court also agreed with the tax court's finding that RERI was liable for the 40% penalty reserved for a gross valuation misstatement and rejected RERI's claims to the contrary. View "Blau v. Commissioner" on Justia Law

Plaintiffs, former correctional officers that had separated from service in good standing, sought to invoke the Law Enforcement Officers Safety Act (LEOSA) so that they could be able to carry concealed firearms as "qualified retired law enforcement officers." Plaintiffs filed suit under 42 U.S.C. 1983, seeking declaratory and injunctive relief to require the District to recognize them as "qualified retired law enforcement officers" for purposes of the Act.In DuBerry I, the DC Circuit found that the Act's plain text, purpose, and context show that Congress intended to create a concrete, individual right to benefit individuals like plaintiffs and that is within the competence of the judiciary to enforce. Therefore, the court held that plaintiffs had sufficiently alleged that the federal right they seek to enjoy has been unlawfully deprived by the District of Columbia to be remediable under section 1983.On remand, the district court granted summary judgment for plaintiffs. The court affirmed the district court's judgment on remand and held that the law of the case doctrine controls the disposition of the District's principle argument that plaintiffs lacked the proper identification and thus have no enforceable right that is remediable under section 1983. Rather, the court held that the Act creates an individual right to carry that is remediable under section 1983. The court also held that the District's causation argument was meritless. View "DuBerry v. District of Columbia" on Justia Law

The LNC filed suit alleging that the Federal Election Campaign Act (FECA), which imposes limits on both donors and recipients of political contributions, violates its First Amendment rights. This case stemmed from a dispute regarding how the LNC can spend the $235,000 Joseph Shaber left to it when he passed away. The LNC argued that FECA violates its First Amendment rights in two ways: first, by imposing any limits on the LNC's ability to accept Shaber's contribution, given that he is dead; and second, by permitting donors to triple the size of their contributions, but only if the recipient party spends the money on specified categories of expenses.The DC Circuit held that the current version of FECA—both its application of contribution limits to Shaber's bequest and its use of a two-tiered contribution limit—has achieved a constitutionally permissible balance. Although the court denied the Commission's motion to dismiss for lack of standing, the court rejected LNC's constitutional challenges on the merits. View "Libertarian National Committee v. FEC" on Justia Law

After originally hearing this appeal, the DC Circuit certified to the DC Court of Appeals the following question regarding plaintiffs' intentional infliction of emotional distress (IIED) claims: "Must a claimant alleging emotional distress arising from a terrorist attack that killed or injured a family member have been present at the scene of the attack in order to state a claim for intentional infliction of emotional distress?" The DC Court of Appeals answered the question in the negative.The court rejected Sudan's arguments and affirmed the default judgments with respect to plaintiffs' IIED claims. In this case, Sudan's objections to the DC court's exception to the presence requirement all presume that DC law treats state actors differently from non-state actors. The court rejected Sudan's interpretation of the DC court's holding and did not reach the substantive question whether it would be impermissible for the DC court to single out certain foreign sovereigns for IIED liability in terrorism cases. View "Owens v. Republic of Sudan" on Justia Law