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

Washtech, a labor union that represents American workers, appealed from a fee award it received under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, for proceedings in which it partially succeeded in challenging a DHS practice allowing student visa holders to remain in the United States after completion of their formal education. The DC Circuit held that the district court did not abuse its discretion by denying fees generally for Washtech's unsuccessful efforts. Accordingly, the court affirmed the judgment. View "Washington Alliance of Technology Workers v. DHS" on Justia Law

OFAC is authorized to impose civil penalties against any person who exports goods to a third party who it has reason to know intends to send them to Iran. At issue was whether OFAC must also show that the goods actually ended up in Iran. The DC Circuit held that the government need not make that showing and affirmed the district court on that ground. However, the court held that OFAC did not adequately explain parts of its determination that the exporter in this case had reason to know that its shipments would be sent on to Iran. Therefore, the court affirmed the district court's order granting the government defendants' motion for summary judgment as to OFAC's determination that Epsilon's 34 shipments to Asra International between August 2008 and March 2011 violated section 560.204 of the Iranian Transactions and Sanctions Regulations. The court reversed as to OFAC's determination that Epsilon's five shipments to Asra International in 2012 violated the same regulation. The court remanded with instructions. View "Epsilon Electronics v. US Department of Treasury" on Justia Law

Plaintiff filed suit alleging that the Army unlawfully relieved him of command in retaliation for whistleblowing, in violation of the Military Whistleblower Protection Act of 1988, 10 U.S.C. 1034. On appeal, plaintiff challenged the decision of the Chief of Staff for the Office of the Under Secretary of Defense for Personnel and Readiness. The DC Circuit ordered this action to be transferred to district court, holding that nothing in section 1034 or any other provision of the Act provides for direct review in the courts of appeal. View "Rodriguez v. Penrod" on Justia Law

Neustar petitioned for review of the FCC's orders naming another company, Telcordia, to replace it as the Local Number Portability Administrator (LNPA). The DC Circuit held that it had jurisdiction to hear Neustar's petition; the Order did not qualify as a rule, and there was no requirement of notice-and-comment rulemaking when selecting the LNPA; neither the FCC's neutrality determination nor its cost analysis was arbitrary and capricious; and the FCC's Best and Final Offers (BAFO) determination was not arbitrary and capricious. Because the court found no error in the FCC's decision, the court denied the petitions for review. View "Neustar, Inc. v. FCC" on Justia Law

Hawaiian Dredging petitioned for review of the Board's ruling that the company violated Sections 8(a)(3) and (1) of the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(3) and (1), by terminating welders because of their union membership. The DC Circuit granted the petition for review, holding that the Board failed to adequately address record evidence regarding the company's understanding of its twenty-year practice and appeared to have strayed from its precedent. The court denied the Board's cross-application for enforcement and remanded. View "Hawaiian Dredging Construction v. NLRB" on Justia Law

Appellants, the majority shareholder of Banca Privada d'Andorra S.A., filed suit claiming that FinCEN violated the Administrative Procedure Act (APA) by issuing a Notice of Finding and a Notice of Proposed Rulemaking proposing to cut off the Bank's ties to the United States' financial system. While the case was pending, FinCEN withdrew both Notices and the district court subsequently granted FinCEN's motion to dismiss on mootness grounds. The DC Circuit held that the case should be dismissed, but for different reasons than the district court. The DC Circuit explained that when FinCEN withdrew the Notices, appellants received full relief on their first claim. Therefore, the first claim of relief was moot. As for appellants' second claim, they no longer have standing to press this claim, because appellants have not met their burden of demonstrating that they still had standing to seek a declaratory order that the Notices were unlawful. Furthermore, even assuming that appellants do have the requisite injury and causation to support standing, they failed to show that a judicial order would effectively redress their alleged injuries. View "Cierco v. Mnuchin" on Justia Law

Defendant appealed his 144 month sentence after pleading guilty to one count of distributing child pornography. The DC Circuit affirmed, holding that the district court met its procedural duty to offer specific reasons as to why it imposed an above-Guidelines sentence. In this case, the district court thought the Guidelines did not fully account for the egregiousness of defendant's pattern of abuse, and the Guidelines did not adequately reflect the seriousness and frequency of the sexual abuse, as well as the young age of the victims, and the abuse of trust by someone who was supposed to be protecting his own daughters and granddaughters. View "United States v. Brown" on Justia Law

Riverkeeper petitioned for review of FERC's Certificate of Public Convenience and Necessity conditionally approving the Leidy Project. The DC Circuit denied the petition and held that it had jurisdiction to consider Riverkeeper's challenge to the Certificate Order on the ground that FERC violated the sequencing requirement of the Clean Water Act (CWA) by issuing its Certificate Order before Pennsylvania issued its section 401 certification; the sequencing requirement of section 401 was not triggered because the Commission's conditional approval of the Leidy Project construction did not authorize any activity which might result in a discharge in navigable waters; the court need not decide whether the letter orders impermissibly approved activity that might have resulted in a discharge before Pennsylvania issued its section 401 certification; FERC did not violate the National Environmental Policy Act (NEPA) by misclassifying wetlands; even if FERC technically erred in some of its classifications, Riverkeeper has not shown any prejudice; and FERC's NEPA review of the Leidy Project's proposed gas flow velocities appeared to be fully informed and well-considered. View "Delaware Riverkeeper Network v. FERC" on Justia Law

Section 309 of the Federal Power Act (FPA), 16 U.S.C. 825h, vests the Commission with broad remedial authority, including the authority to grant recoupment when it is justified; Section 201(f) does not limit the authority of the Commission to grant relief under Section 309 with respect to matters that are beyond the strictures of Sections 201(f) and 205; and an order of recoupment, as distinguished from an order to refund under Section 205, is beyond the strictures of Sections 201(f) and 205. In this case, Chehalis sought relief from the Commission by filing a Motion for an Order Requiring Recoupment of Payments, but the Commission concluded that it could not order recoupment because the Commission's refund authority does not extend to exempt public utilities such as the Intervenor Bonneville. The DC Circuit held that the Commission erred when it held that it lacked the authority to grant the Order Requiring Recoupment where the Commission clearly had jurisdiction over the subject of this dispute and the Commission retained the authority to order Bonneville to return the funds when the agency acknowledged that its initial order was mistaken. The court granted in part and denied in part Chehalis's petitions for review, and remanded for further proceedings. View "TNA Merchant Projects v. FERC" on Justia Law

Petitioner sought review of the Board's decision and order finding that the Hospital violated section 8(a)(1) and (a)(5) of the National Labor Relations Act, 29 U.S.C. 158(a)(1), (5), by unilaterally ceasing the payment of longevity-based wage increases to its nurses after the expiration of the parties' collective bargaining agreement (CBA). As a preliminary matter, the DC Circuit rejected the Hospital's claim that all the acts of Director Walsh were ultra vires and his appointment was invalid. On the merits, the court held that the Hospital violated section 8(a)(1) and (a)(5) by unilaterally ceasing the payment of longevity-based wage increases to nurses after the expiration of the parties' collective bargaining agreement. Accordingly, the court denied the Hospital's petition for review and granted the Board's cross-application for enforcement. View "Wilkes-Barre Hospital v. NLRB" on Justia Law