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

Plaintiff filed suit against her 57-year-old teacher at a public high school for emotionally disturbed teens after they were involved in a sexual relationship that resulted in plaintiff being pregnant with his child. Plaintiff also filed suit against the District. On appeal, plaintiff sought review of the district court's order granting the District's motion to dismiss. The court dismissed the appeal for lack of appellate jurisdiction because there was no final judgment within the meaning of 28 U.S.C. 1291. View "Blue v. DC Public Schools, et al." on Justia Law

The Federal Power Act, 16 U.S.C. 824d(c), requires regulated utilities to file with the Commission, as a matter of open and accessible public record, any rates and charges they intend to impose for sales of electrical energy that are subject to the Commission's jurisdiction. Consequently, utilities are forbidden to charge any rate other than the one on file with the Commission, a prohibition known as the "filed rate doctrine." At issue on appeal was, when a utility filed more than one rate with the Commission during the time it was negotiating an agreement with a prospective customer, which of the two filed rates governs: the rate at the time negotiations commenced or the rate at the time the agreement was completed? The Commission is of the view that it can pick and choose which rate applies on a case-by-case basis. Because the Commission has provided no reasoned explanation for how its decision comports with statutory direction, prior agency practice, or the purposes of the filed rate doctrine, the court vacated the Commission's orders in part and remanded. View "West Deptford Energy, LLC v. FERC" on Justia Law

This case stemmed from efforts by various environmental and historical preservation organizations to obtain the Blair Mountain Battlefield's listing in the National Register of Historic Places. After the Battlefield was briefly included in the Register and then removed, the organizations filed suit challenging the Battlefield's removal from the Register. The district court granted summary judgment against the organizations based on their lack of standing. The court concluded, however, that the organizations have adequately demonstrated injury in fact, causation, and redressability. Accordingly, the court reversed and remanded for further proceedings. View "Sierra Club, et al. v. Jewell, et al." on Justia Law

Appellant, the President and CEO of a tobacco company called Medallion, filed a qui tam action against Philip Morris, alleging that Philip Morris violated the False Claims Act (FCA), 31 U.S.C. 3729-3733, for failing to provide the government with "Most Favored Customer" pricing. The district court concluded that it lacked subject matter jurisdiction due to the FCA's public disclosure bar. The court concluded, however, that neither the contract term obligating Philip Morris to provide the government with Most Favored Customer pricing nor Philip Morris's fraudulent certifications that it complied was publicly disclosed. Accordingly, the court vacated and remanded for further proceedings. View "United States v. Philip Morris USA Inc." on Justia Law

Defendant challenged his sentence and consecutive terms of supervised release under Federal Rule of Civil Procedure 60(b) and Federal Rule of Criminal Procedure 36. The district court denied both motions. The court concluded that it lacked jurisdiction over defendant's appeal from the denial of his Rule 60(b) motion and dismissed that portion of the appeal. The court affirmed the district court's denial of defendant's Rule 36 motion because he failed to assert a clerical error within the meaning of that rule. The court also concluded that 28 U.S.C. 2106 does not authorize the court to grant defendant the relief he seeks. View "United States v. Arrington" on Justia Law

The Corporation, asserting its power under section 215(e) of the Federal Power Act, 16U.S.C. 824o, assessed a monetary fine against Southwestern, a federal government entity that markets hydroelectric power. The Commission upheld the penalty. The court held that section 215(b)(1) generally subjects federal government entities to the Commission's jurisdiction to enforce compliance. But to authorize a monetary award against the federal government, the statute must do more than generally bring the government within the Commission's enforcement jurisdiction - it must unequivocally subject the government to monetary liability. Neither section 215(b) nor section 215(e), nor the two consolidated in combination, speaks with the requisite clarity to waive the federal government's sovereign immunity from monetary penalties. Therefore, the court vacated the Commission's order. View "Southwestern Power Admin., et al. v. FERC" on Justia Law

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

This case involves challenges to the most recent forms of electric transmission planning and cost allocation adopted by the Commission under the Federal Power Act, 16 U.S.C. 791 et seq. In Order No. 1000, as reaffirmed and clarified in Order Nos. 1000-A and 1000-B (together, the Final Rule), the Commission required each transmission owning and operating public utility to participate in regional transmission planning that satisfies the specific planning principles designed to prevent undue discrimination and preference in transmission service, and that produces a regional transmission plan. The court held that the Commission had authority under Section 206 of the Act to require transmission providers to provide in a regional planning process; there was substantial evidence of a theoretical threat to support adoption of the reforms in the Final Rule; the Commission had authority under Section 206 to require removal of federal rights of first refusal provisions upon determining they were unjust and unreasonable practices affecting rates, and that determination was supported by substantial evidence and was not arbitrary and capricious; the Mobile-Sierra objection to the removal is not ripe; the Commission had authority under Section 206 to require the ex ante allocation of the costs of new transmission facilities among beneficiaries, and that its decision regarding scope was not arbitrary or capricious; the Commission reasonably determined that regional planning must include consideration of transmission needs driven by public policy requirements; and the Commission reasonably relied upon the reciprocity condition to encourage non-public utility transmission providers to participate in a regional planning process. Accordingly, the court denied the petitions for review of the Final Rule. View "South Carolina Public Service v. FERC" 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

Plaintiff filed suit against her employer, the Department of Agriculture, after it denied her request for a flexible work schedule based on her depression. Plaintiff sought substantial flexibility in her working hours ("maxiflex" schedule) under the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., as an accommodation for her disability. The district court granted summary judgment to the Department, concluding that the maxiflex work schedule is an unreasonable request. The court also rejected defendant's retaliation claims. The court concluded, however, that nothing in the Rehabilitation Act establishes, as a matter of law, that a maxiflex work schedule is unreasonable. Accordingly, the court reversed the entry of summary judgment on the accommodation claim; reversed the entry of summary judgment on plaintiff's claim that revoking her permission to work late was in retaliation for requesting accommodations; and remanded those claims for further proceedings. The court affirmed the remainder of the district court's decision. View "Solomon v. Vilsack" on Justia Law