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

The Federal Energy Regulatory Commission (FERC) approved a 1,000-foot natural-gas pipeline crossing the U.S.-Mexico border. The Sierra Club and Public Citizen challenged this approval, arguing that FERC should have exercised jurisdiction over a longer 157-mile pipeline extending into Texas, considered the environmental impact of the entire pipeline, and evaluated alternatives to the border-crossing segment. They also claimed that FERC's approval of the border-crossing pipeline was arbitrary and capricious.The lower court, FERC, concluded that it did not have jurisdiction over the 157-mile Connector Pipeline because it did not cross state lines or carry interstate gas upon entering service. FERC conducted an Environmental Assessment for the 1,000-foot Border Facility, found minimal environmental impact, and deemed it in the public interest. After FERC reaffirmed its conclusions on rehearing, the petitioners sought judicial review.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that FERC reasonably declined to exercise jurisdiction over the Connector Pipeline under Section 3 of the Natural Gas Act, respecting state regulatory authority. The court also found substantial evidence supporting FERC's conclusion that the Connector Pipeline would not transport interstate gas initially, thus not subjecting it to Section 7 jurisdiction. The court rejected the petitioners' claims that FERC's approval of the Border Facility was arbitrary and capricious, noting the presumption favoring authorization under the Natural Gas Act.Regarding the National Environmental Policy Act (NEPA), the court found that FERC reasonably defined the project's purpose and need, appropriately limited its environmental review to the Border Facility, and did not need to consider the upstream Connector Pipeline's impacts. The court denied the petition, affirming FERC's decisions. View "Sierra Club v. FERC" on Justia Law

The American Burying Beetle, the largest carrion beetle in North America, was listed as an endangered species by the Fish and Wildlife Service in 1989. In 2015, the Service began reevaluating the Beetle's status, prompted by a petition from private entities. The Service's Species Status Assessment Report revealed that the Beetle's current range is larger than initially thought, with several large, resilient populations across the United States. The Service concluded that the Beetle faces a relatively low near-term risk of extinction but is likely to become endangered in the foreseeable future due to future land-use changes and climate change. Consequently, in 2020, the Service downlisted the Beetle from "endangered" to "threatened" and established a Section 4(d) Rule for its conservation.The Center for Biological Diversity challenged the downlisting and the sufficiency of the protections for the Beetle as a threatened species. The United States District Court for the District of Columbia granted summary judgment for the Service, concluding that the Downlisting Rule did not violate the Endangered Species Act, was supported by the administrative record, and was reasonably explained. The court also found that the Center failed to establish standing for its challenges to the Section 4(d) Rule.The United States Court of Appeals for the District of Columbia Circuit affirmed the district court's judgment. The court held that the Service's conclusion that the Beetle was not endangered at the time of the decision in 2020 was reasonable and consistent with the record evidence. The court also found that the Center lacked standing to challenge the Section 4(d) Rule on appeal. The Service's decision to downlist the Beetle to threatened status was based on the best available scientific and commercial data, and the Service's predictions about the Beetle's future viability were adequately explained and supported by the record. View "Center for Biological Diversity v. FWS" on Justia Law

David Paitsel, a former FBI Special Agent, was given at least $6,500 by his friend, Brian Bailey, after providing Bailey with information about certain residential tenants. Paitsel obtained this information from the FBI’s access to the non-public Thomson Reuters information system known as CLEAR, by representing that his searches were for FBI law enforcement investigative purposes. The primary issue in this appeal is whether Paitsel’s conduct constituted bribery under 18 U.S.C. § 201(b)(2)(C), which prohibits public officials from agreeing to accept valuable compensation in exchange for performing an “official duty.”The United States District Court for the District of Columbia indicted Paitsel for various bribery offenses, including conspiracy to commit bribery and bribery in violation of his “official duty.” The evidence presented at trial established that Bailey sought to identify tenants whose property was for sale and had begun to proceed through the Tenant Opportunity to Purchase Act (TOPA) process. Bailey paid Paitsel for tenants’ information, which Paitsel obtained by searching the CLEAR database. The jury found Paitsel guilty of both conspiracy to commit bribery and bribery. The District Court denied Paitsel’s motion for a judgment of acquittal and sentenced him to two years’ incarceration.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that the Government proved beyond a reasonable doubt that Paitsel’s conduct fell within his official duties because he performed an act made possible by his official position in the FBI and his affirmative representation that his conduct was part of official FBI law enforcement investigative duties. The court also rejected Paitsel’s other challenges, including a purported instructional error and the sufficiency of the Government’s quid pro quo evidence. The court affirmed Paitsel’s convictions and sentence. View "USA v. Paitsel" on Justia Law

The case involves the Environmental Protection Agency (EPA) implementing a cap-and-trade program to reduce hydrofluorocarbons (HFCs) as mandated by the American Innovation and Manufacturing (AIM) Act of 2020. The AIM Act requires an 85% reduction in HFC production and consumption by 2036. The EPA issued a rule in 2021 to allocate allowances for 2022 and 2023 based on historical market share data from 2011 to 2019. In 2023, the EPA issued a new rule for 2024-2028, again using the same historical data.The petitioners, RMS of Georgia, LLC (Choice) and IGas Holdings, Inc. (IGas), challenged the 2024 Rule. Choice argued that the AIM Act violated the nondelegation doctrine by giving the EPA too much discretion in allocating allowances. IGas contended that the EPA's exclusion of 2020 data from its market-share calculations was arbitrary and capricious.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court first addressed Choice's argument, holding that the AIM Act did not unconstitutionally delegate legislative power because it provided sufficient guidance to the EPA, modeled on previous cap-and-trade programs under the Clean Air Act. The court found that Congress intended for the EPA to allocate allowances based on historical market share, providing an intelligible principle to guide the agency's discretion.Regarding IGas's challenge, the court found that the EPA's decision to exclude 2020 data was reasonable. The EPA determined that 2020 data was unrepresentative due to the COVID-19 pandemic and supply chain disruptions and that including it could disrupt the market. The court held that the EPA's methodology was not arbitrary and capricious, as the agency provided a rational explanation for its decision.The court denied both petitions for review, upholding the EPA's 2024 Rule. View "IGas Holdings, Inc. v. EPA" on Justia Law

Seth Hettena, an investigative journalist, submitted a Freedom of Information Act (FOIA) request to the Central Intelligence Agency (CIA) for a report on the death of an Iraqi national, Manadel al-Jamadi, who died in CIA custody at Abu Ghraib prison in 2003. The CIA disclosed parts of the report but redacted most of it, including the Office of Inspector General's (OIG) conclusions and recommendations. Hettena sued the CIA, arguing that the redactions did not comply with FOIA.The United States District Court for the District of Columbia reviewed the case and granted summary judgment in favor of the CIA, concluding that the redactions were justified under FOIA exemptions. The court found that the redacted information pertained to the CIA's intelligence activities, sources, and methods, which are protected under FOIA Exemptions 1 and 3.The United States Court of Appeals for the District of Columbia Circuit reviewed the district court's decision de novo. The appellate court agreed that most of the redactions were justified, as they contained information about CIA covert personnel, intelligence methods, and locations of Agency facilities. However, the court found that the CIA had not adequately justified the redactions related to the OIG's findings on potential obstruction by CIA officers. The court noted that the CIA's declaration and Vaughn index did not address these findings, and it was unclear why disclosing them would reveal protected information.The appellate court also found that factual questions remained regarding whether the redactions contained information that the CIA had already officially acknowledged, such as references to a "hood" or "head cover." The court vacated the district court's judgment and remanded the case for further proceedings, allowing the CIA another opportunity to explain its redactions and potentially develop the record further. View "Hettena v. CIA" on Justia Law

The Washington Lawyers’ Committee for Civil Rights and Urban Affairs (WLC) frequently submits Freedom of Information Act (FOIA) requests to the Bureau of Prisons (Bureau) for records to aid in representing incarcerated individuals. Frustrated by the Bureau’s delays in responding to these requests, WLC filed a lawsuit claiming the Bureau has a policy or practice of violating FOIA by not responding promptly. WLC sought an injunction to reform the Bureau’s FOIA processes to expedite record production.The United States District Court for the District of Columbia ruled that WLC had a viable policy or practice claim but granted summary judgment to the Bureau. The court credited an affidavit from the Bureau describing efforts to improve FOIA response times and found no evidence of a policy or practice of violating FOIA. WLC appealed, arguing that the Bureau’s requirement to submit individual FOIA requests for prisoners’ disciplinary and educational records, rather than using an expedited process like the one for medical records under the Privacy Act, unnecessarily increased delays.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that the Bureau’s practice of processing requests for individual prisoners’ records under FOIA, rather than creating a separate expedited process, does not violate FOIA. The court found that FOIA does not require the Bureau to waive its statutory entitlements under the Privacy Act for non-medical records. The court affirmed the district court’s grant of summary judgment, concluding that WLC’s claim failed as a matter of law. The court also upheld the denial of WLC’s discovery request, finding it unnecessary given the legal insufficiency of WLC’s claim. View "Washington Lawyers' Committee for Civil Rights and Urban Affairs v. Department of Justice" on Justia Law

Keith Berman, the appellant, pleaded guilty to securities fraud, wire fraud, and obstruction of proceedings related to a scheme to fraudulently increase the share price of his company, Decision Diagnostics Corp. (DECN). Berman issued false press releases claiming DECN had developed a blood test for coronavirus, which led to a significant increase in the company's stock price. The Securities and Exchange Commission (SEC) investigated and suspended trading of DECN's stock, revealing that Berman's claims were false. Despite this, Berman continued to issue misleading statements and used aliases to discredit the SEC's investigation.The United States District Court for the District of Columbia sentenced Berman to 84 months' imprisonment. The court calculated the loss caused by Berman's fraud using the modified rescissory method, determining a loss amount of $27.8 million. This calculation was based on the difference in DECN's stock price before and after the fraud was disclosed, multiplied by the number of outstanding shares. The court also applied enhancements for sophisticated means and substantial financial hardship to five or more individuals, resulting in a Guidelines range of 168 to 210 months, but ultimately imposed a downward variance.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. Berman challenged the district court's calculation of the loss amount, arguing that the fraud was disclosed earlier and that the loss was not solely attributable to his fraudulent statements. The appellate court found that the district court did not commit clear error in determining the disclosure date or in its loss causation analysis. The court also upheld the enhancements for sophisticated means and substantial financial hardship, finding sufficient evidence to support these determinations. Consequently, the appellate court affirmed the district court's judgment. View "United States v. Berman" on Justia Law

Michael Muir, who has a congenital birth defect presenting as a hernia in his right scrotum, challenged the Transportation Security Administration’s (TSA) Final Rule authorizing the use of Advanced Imaging Technology (AIT) scanners at airport security checkpoints. Muir argued that the scanners, which use electromagnetic radiation, flag his hernia as a threat, leading to painful and potentially life-threatening pat-downs. He claimed that the Final Rule and TSA’s standard operating procedures (SOPs) are arbitrary and capricious, contrary to TSA’s statutory authority, and violate Section 504 of the Rehabilitation Act of 1973.The case was reviewed by the United States Court of Appeals for the District of Columbia Circuit. The court found that Muir had not raised his statutory challenges during the rulemaking process, resulting in forfeiture of those claims. However, the court agreed with Muir’s Rehabilitation Act claim, noting that TSA’s failure to provide an accommodation for his disability could be a violation of the Act. The court determined that Muir had identified a reasonable accommodation—screening with a walk-through metal detector (WTMD)—and remanded the case to TSA to determine if this accommodation would impose an undue burden on the agency.The court denied Muir’s other challenges to the Final Rule and his motion to supplement the record. The court emphasized that TSA must conduct the appropriate administrative process to address the implementation of Muir’s reasonable accommodation and explore alternative accommodations if necessary. View "Muir v. Department of Homeland Security" on Justia Law

Plaintiffs Ariana Cortes and Logan Karam, baristas at Starbucks stores in Buffalo and Depew, New York, filed a lawsuit challenging the constitutionality of the statutory tenure protections for members of the National Labor Relations Board (NLRB). They argued that these protections place an impermissible limitation on the President’s executive power. Both plaintiffs had previously filed decertification petitions with the NLRB, which were dismissed due to pending unfair labor practice proceedings against Starbucks.The United States District Court for the District of Columbia dismissed the case for lack of jurisdiction. The court concluded that the plaintiffs lacked standing because their petitions had been dismissed, and they had not sought reinstatement. Additionally, the court agreed with the NLRB that the plaintiffs failed to allege compensable harm, which was necessary for their claim.On appeal, the United States Court of Appeals for the District of Columbia Circuit reviewed the case. By this time, the plaintiffs had abandoned their claims for injunctive relief and sought only a declaratory judgment that the NLRB members’ tenure protections were unconstitutional. The NLRB, aligning with the Acting Solicitor General, no longer defended the constitutionality of the tenure protections. The court held that there was no longer a live case or controversy because the parties were not sufficiently adverse; both sides agreed on the unconstitutionality of the tenure protections. Consequently, the court affirmed the district court’s judgment dismissing the case for lack of jurisdiction. View "Cortes v. National Labor Relations Board" on Justia Law

Linda Martin filed a class action lawsuit against the FBI, alleging that the Notice of Seizure provided to property owners did not meet the Due Process requirements under the Fifth Amendment. The FBI had seized $40,200 from Martin's safe deposit box and issued a Notice of Seizure, which Martin claimed lacked specific legal or factual bases for the seizure, thus denying her a meaningful opportunity to respond. Martin sought declaratory and injunctive relief for herself and a proposed nationwide class of individuals who had received similar notices.The United States District Court for the District of Columbia dismissed Martin's individual claim as moot after the FBI returned her seized property. The court also dismissed the class action for failure to exhaust administrative remedies and for failure to state a plausible Due Process claim. The court found that Martin had an adequate opportunity to present her Due Process challenge during the administrative proceedings and that her claim was moot because the FBI had returned her property.On appeal, the United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court affirmed the district court's dismissal of Martin's individual claim as moot, as the FBI had returned her property. The court also dismissed the appeal of the class certification judgment for lack of jurisdiction, noting that Martin had not challenged the denial of class certification in her appellate briefs. The court concluded that without a certified class, it lacked jurisdiction to review the district court's merits rulings on the Due Process and exhaustion claims. View "Martin v. FBI" on Justia Law