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

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

Anthony Glover appeals the district court’s denial of his motion to suppress evidence obtained through a search of DaKnea Brewer’s apartment, which he argues was conducted unlawfully. On September 16, 2020, Metropolitan Police Department officers went to Brewer’s home looking for her brothers under an arrest warrant. Officer Eldrick Creamer asked Brewer if he could come in to discuss something important about her brothers. Brewer allowed him in, and after some conversation, Officer Creamer mentioned he had “warrants” and needed to visually check the apartment. Brewer consented, and during the search, officers found Glover and a firearm, leading to his arrest.The United States District Court for the District of Columbia held a suppression hearing where Officer Creamer testified. The court found that Brewer’s consent to the search was voluntary, noting the officers’ polite and non-threatening demeanor. The court concluded that Brewer understood the warrants to be arrest warrants and not search warrants, and thus denied Glover’s motion to suppress the evidence. Glover then pleaded guilty but reserved his right to appeal the denial of his motion to suppress.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court found that the district court did not adequately consider whether Officer Creamer’s statements about having “warrants” and needing to search the apartment rendered Brewer’s consent mere acquiescence to a claim of lawful authority. The appellate court held that the district court misapplied the legal standard from Bumper v. North Carolina, which requires careful consideration of whether consent was voluntary or coerced by a claim of lawful authority. Consequently, the appellate court vacated the district court’s order and Glover’s conviction, remanding the case for further proceedings consistent with its opinion. View "United States v. Glover" on Justia Law

Eight citizens of Mali alleged that, as children, they were trafficked to Côte d’Ivoire and forced to work without pay on small, remote cocoa farms. After eventually returning to Mali, they brought a putative class action in the United States against seven major cocoa importers, claiming the companies violated the Trafficking Victims Protection Reauthorization Act (TVPRA) by knowingly benefiting from a supply chain that relied on forced child labor. The plaintiffs asserted that the importers orchestrated and controlled a cocoa supply chain “venture” and delayed meaningful action against child labor through their leadership of the World Cocoa Foundation.The United States District Court for the District of Columbia dismissed the complaint for lack of standing. The court found that the plaintiffs failed to connect the defendants to any specific cocoa plantations, including those where the plaintiffs had worked. The court concluded that the plaintiffs’ general, industry-wide allegations lacked the specificity required to establish causation under Article III of the Constitution. The plaintiffs appealed, and the United States Court of Appeals for the District of Columbia Circuit held the appeal in abeyance pending resolution of a similar case, Doe 1 v. Apple Inc.The United States Court of Appeals for the District of Columbia Circuit affirmed the district court’s dismissal. The appellate court held that the plaintiffs lacked Article III standing because they did not plausibly allege facts showing a causal connection between their forced labor and the importers’ conduct. Specifically, the complaint failed to allege that the importers sourced cocoa, directly or through intermediaries, from the specific farms where the plaintiffs worked. The court distinguished this case from Doe 1 v. Apple Inc., where plaintiffs had plausibly traced their injuries to the defendants’ suppliers. The dismissal was affirmed. View "Coubaly v. Cargill Incorporated" on Justia Law

The case involves the Stored Communications Act, which allows the government to subpoena electronic communication service providers for user records and seek court orders to prohibit disclosure of such subpoenas. The government requested and obtained a court order allowing it to prohibit disclosure of any subpoena related to a particular investigation for one year, provided the government determined that disclosure would risk one of the harms specified in the Act. The government then served a subpoena on X Corp. with the nondisclosure order attached. X Corp. moved to vacate the nondisclosure order, arguing it did not comply with the Act. The district court denied X Corp.'s motion.The United States District Court for the District of Columbia issued the nondisclosure order and denied X Corp.'s motion to vacate it. X Corp. appealed the decision, arguing that the order did not comply with the Stored Communications Act and violated the First Amendment. The district court relied on ex parte evidence in its decision, which X Corp. also challenged.The United States Court of Appeals for the District of Columbia Circuit reviewed the case and reversed the district court's decision. The appellate court held that the nondisclosure order did not conform to the Stored Communications Act because the court did not find "reason to believe" that disclosure of the subpoena would risk a statutory harm. The court emphasized that the statute requires the court, not the government, to make this determination. The appellate court did not address X Corp.'s First Amendment argument or the issue of the district court's reliance on ex parte evidence, as the statutory ruling was sufficient to resolve the case. View "In re Sealed Case" on Justia Law