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

In 1998, the United States brought enforcement actions in district court against seven major engine manufacturers, alleging that they had been using "defeat devices" to meet EPA standards for emissions of oxides of nitrogen. The parties settled and most of the manufacturers agreed to be bound by consent decrees. The manufacturers also agreed to comply with certain EPA emissions standards earlier than EPA regulations otherwise required. Volvo Powertrain now argues that the consent decree has no application to the Volvo Penta engines. The court agreed with the district court that the consent decree applied to the Volvo Penta engines manufactured at the Volvo Powertrain plant where the court read the terms of the consent decree to impose liability on Volvo Powertrain for its affiliate's engines manufactured at its facility. The court also concluded that the district court committed no abuse of discretion when it ordered Volvo Powertrain to pay approximately $72 million as a remedy for the violations of the decree. Accordingly, the court affirmed the judgment of the district court. View "United States v. Volvo Powertrain Corp." on Justia Law

FirstEnergy, acting on behalf of its affiliates (ATSI), filed a complaint with FERC contending that the imposition of costs from transferring from one Regional Transmission Organization (RTO) to another on ATSI was unjust and unreasonable. The Commission disagreed and dismissed the complaint. FirstEnergy then petitioned for review. The court denied the petition for review because FirstEnergy failed to carry its burden under section 206 of the Federal Power Act, 16 U.S.C. 824(e), that Schedule 12 of PJM's, the RTO FirstEnergy transferred to, tariff was unjust and unreasonable as applied to ATSI. View "FirstEnergy Service Co. v. FERC" on Justia Law

Interstate Fire filed suit against Greenspring and others, alleging that defendants owed a duty under a Greenspring general liability policy to provide primary insurance coverage for a nurse hired by a staffing agency and assigned to work at a hospital on a temporary basis. Greenspring had issued an insurance policy providing coverage to employees of the hospital for claims arising out of medical incidents within the scope of their employment. The court agreed with the district court that the dictionary definition and a common law test supports the conclusion that the nurse qualified as an "employee" of the hospital. The court rejected defendant's remaining arguments and concluded that Interstate Fire was entitled to reimbursement from Greenspring for the amounts paid to defend and settle the underlying action. Accordingly, the court affirmed the judgment of the district court. View "Interstate Fire & Casualty Co v. Washington Hospital Center Corp., et al." on Justia Law

Plaintiffs, current and former members of the Navy and Marine Corps, filed suit against senior officials in the military and the Department of Defense, alleging that they were raped, sexually assaulted, or sexually harassed by their fellow Sailors and Marines, only to suffer retaliation from their superiors for reporting their plight. The Supreme Court has held that military officials are not subject to personal liability under the Constitution for their management decisions, including the choices they make about the discipline, supervision, and control of servicemembers. The court joined the Fourth Circuit in concluding that no Bivens remedy is available in this instance. Accordingly, the court affirmed the district court's dismissal of the suit. View "Klay, et al. v. Panetta, et al." on Justia Law

Plaintiff filed suit against defendants, alleging that he was terminated from his position as a special education teacher because of an email he sent to the chancellor, which contained one sentence that constituted speech protected by the First Amendment. The court concluded that plaintiff was using the email as an internal channel through which he could, in his capacity as a teacher, report interference with his job responsibilities. Therefore, under Winder v. Erste, plaintiff's email constituted employee speech unprotected by the First Amendment. Further, it was not unreasonable for defendants to believe that it was not unlawful to fire plaintiff based on preexisting law. Accordingly, the court affirmed the district court's conclusion that the individual defendants were entitled to qualified immunity on plaintiff's First Amendment claim. View "Mpoy v. Rhee, et al." on Justia Law

This case involved efforts to create an Armenian Genocide Museum. Gerard Cafesjian, one of the project's principal founders and benefactors, and CFF first filed suit against the Assembly, alleging that the Assembly failed to reissue a $500,000 promissory note as required by a Grant Agreement, asserting claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The court concluded that the district court did not err in its disposition of appellants' claims for breach of fiduciary duty against Cafesjian and John Waters; the district court correctly determined that CFF was entitled to take the Grant Property in full because the Grants were fully funded at the time CFF exercised its reversionary rights; the court found no basis to disturb Cafesjian and Water's indemnification award; the court affirmed the district court's denial of appellants' post-trial motions for relief; and rejected the notion that the Assembly's lease in the Families USA building is invalid. Accordingly, the court affirmed the judgment of the district court. View "Armenian Assembly of America, et al. v. Cafesjian, et al." on Justia Law

Ralls, an American corporation whose owners are Chinese nationals, purchased four American limited liability companies (Project Companies) previously formed to develop windfarms in north-central Oregon. CFIUS determined that Ralls' acquisition of the Project Companies threatened national security and issued temporary mitigation orders restricting Ralls' access to, and preventing further construction at, the Project Companies' windfarm sites. The President also concluded that the transaction posed a threat to national security. On appeal, Ralls challenged CFIUS's final order and the Presidential Order, which prohibited the transaction and required Ralls to divest itself of the Project Companies. The court concluded that the Presidential Order deprived Ralls of constitutionally protected property interests without due process of law; the court remanded to the district court with instructions that Ralls be provided the requisite process which should include access to unclassified evidence on which the President relied and an opportunity to respond; and the court left it to the district court to address the merits of Ralls' remaining claims in the first instance since the CFIUS Order claims were dismissed on a jurisdictional ground and given the scant merits briefing. View "Ralls Corp. v. Committee on Foreign Investments, et al." on Justia Law

This petition involves Bermuda's efforts to secure rights from the International Telecommunication Union (ITU) to operate a satellite at the 96.2 degree W.L. orbital location. Bermuda partnered with EchoStar to deploy and maintain its satellite at this orbital location. Meanwhile, the Netherlands also sought rights from the ITU to operate a satellite at a nearby orbital location. Petitioner, Spectrum Five, a developer and operator of satellites working in partnership with the Netherlands, filed an objection to the FCC to EchoStar's request to move its satellite from 76.8 degrees W.L. to 96.2 degrees W.L. The FCC granted EchoStar's request and determined that Bermuda secured rights to the 96.2 degree W.L. orbital location. Spectrum Five petitioned for review of the Commission's order, claiming principally that the Commission acted arbitrarily and capriciously. The court dismissed the petition for lack of Article III standing because Spectrum Five failed to demonstrate a significant likelihood that a decision of this court would redress its alleged injury. View "Spectrum Five LLC v. FCC" on Justia Law

After the Company prevailed in a 2000 arbitration in France against the Congo, the Company sought to collect the arbitral award with little success. The Company obtained a judgment in 2009 from a court in England enforcing the arbitral award. The Company then sued in the United States to enforce the foreign judgment under state law. The court held that the limitations period in the Federal Arbitration Act (FAA), 9 U.S.C. 207, does not preempt the longer limitations period in the D.C. Recognition Act, D.C. 15-639, and the court reversed the dismissal of the complaint. The court remanded the case for the district court to determine whether the English Judgment is enforceable under the D.C. Recognition Act. View "Commissions Import Export S.A. v. Republic of the Congo, et al." on Justia Law

Petitioners sought review of FERC's final rule governing what FERC calls "demand response resources in the wholesale energy market." The rule sought to incentivize retail customers to reduce electricity consumption when economically efficient. The court concluded that, because FERC's rule entails direct regulation of the retail market - a matter exclusively within state control - it exceeds the Commission's authority. Alternatively, even if the court assumed that FERC had statutory authority to execute the final rule, Order 745 would still fail because it was arbitrary and capricious. Given Order 745's regulation of the retail market, the court vacated the rule in its entirety as ultra vires agency action. Accordingly, the court vacated and remanded the rulings. View "Electric Power Supply Assoc. v. FERC" on Justia Law