The Federal Energy Regulatory Commission (FERC) issued a certificate to Transcontinental Gas Pipe Line Company, LLC (Transco) to construct and operate a pipeline through several states, including New Jersey. The New Jersey Conservation Foundation and other petitioners argued that FERC overlooked significant environmental consequences and failed to consider evidence of a lack of market need for the pipeline. They also contended that FERC ignored New Jersey state laws mandating reductions in natural gas consumption.The lower court, FERC, approved the pipeline project, finding that the public benefits outweighed the adverse impacts. FERC based its decision on precedent agreements with local gas distribution companies (LDCs) and concluded that the project satisfied the Natural Gas Act (NGA). Petitioners requested a rehearing, arguing that FERC's decision was arbitrary and capricious. FERC denied the rehearing request, maintaining its position on market need and environmental impact assessments.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court found that FERC acted arbitrarily by not adequately explaining its decision regarding the significance of greenhouse gas emissions and failing to discuss possible mitigation measures. The court also held that FERC did not properly consider evidence showing that current capacity was sufficient to meet New Jersey's natural gas demands and that the precedent agreements with LDCs did not necessarily indicate market need. Additionally, the court found that FERC misinterpreted New Jersey's mandatory energy efficiency laws as unenforceable.The court vacated FERC's orders and remanded the case for further action, requiring FERC to reassess the market need and environmental impacts of the pipeline project. View "New Jersey Conservation Foundation v. FERC" on Justia Law

In late summer 2018, lightning ignited the Bald Mountain and Pole Creek Fires in remote areas of Utah's national forests. The Forest Service initially decided to monitor and contain the fires, believing they could benefit the forest environment. However, unpredicted high winds caused the fires to expand, leading the Forest Service to shift to full suppression efforts. Despite these efforts, the fires burned approximately 100,000 acres of public and private lands. The Strawberry Water Users Association sued the United States under the Federal Tort Claims Act (FTCA), alleging mismanagement of the wildfires.The United States District Court for the District of Utah held that the discretionary-function exception to the FTCA applied, stripping the court of jurisdiction to hear the claims. The court found that the Forest Service's decisions involved judgment calls grounded in policy considerations, such as firefighter safety and resource management. The Strawberry Water Users Association appealed this decision.The United States Court of Appeals for the Tenth Circuit reviewed the case and affirmed the district court's decision. The appellate court held that the discretionary-function exception applied because the Forest Service's actions involved policy judgments and were within the scope of its authority. The court noted that the Forest Service's decisions were based on balancing various public-policy interests, including safety and environmental benefits. The court also rejected the argument that the Forest Service acted without authority or violated mandatory regulations, concluding that the agency had the discretion to manage the wildfires as it did. Thus, the court affirmed the dismissal for lack of jurisdiction. View "Strawberry Water Users Association v. United States" on Justia Law

The plaintiff, Jane Doe, alleged that she was sexually assaulted by court officer Jose Martinez while in custody at the Lawrence District Court in 2009 and 2014. Doe claimed that the Massachusetts Trial Court was negligent in failing to prevent these assaults. She reported the 2009 assaults to the New Hampshire Department of Corrections, but they did not inform the Trial Court. In 2014, after further assaults, she again reported to New Hampshire authorities, who then notified the Massachusetts State Police, leading to Martinez's arrest in 2015. Additionally, in 2013, another detainee accused Martinez of groping her, but an investigation by the Lawrence police and the Trial Court did not substantiate the claim.The Superior Court granted summary judgment in favor of the Trial Court, concluding that the Massachusetts Tort Claims Act (MTCA) immunized the Trial Court from suit under the discretionary function exception. The judge also noted that the MTCA's public duty rule provided an alternative basis for summary judgment.The Supreme Judicial Court of Massachusetts reviewed the case and affirmed the lower court's decision. The court held that the Trial Court's decisions regarding detainee safety policies and procedures involved discretionary functions protected by the MTCA. The court found that the Trial Court had discretion in implementing policies to ensure detainee safety and that these decisions were integral to policy-making and planning. The court also noted that the Trial Court's actions were not prescribed by any statute or regulation, including the Prison Rape Elimination Act (PREA), which did not mandate immediate compliance with its standards. Therefore, the Trial Court was immune from liability under the MTCA's discretionary function exception. View "Doe v. Massachusetts Trial Court" on Justia Law

The Department of Transportation (DOT) issued a Rule on April 30, 2024, requiring airlines to disclose ancillary service fees, such as baggage and change fees, during the booking process. The Rule aims to protect consumers from surprise charges and is expected to provide significant societal and consumer benefits. The Rule took effect on July 1, 2024, with compliance deadlines for airlines and third-party ticket agents set for later dates. Various airlines and airline associations challenged the Rule, arguing it exceeds DOT’s authority, is arbitrary and capricious, and bypassed the required notice and comment process.The airlines and associations first sought a stay from the DOT, which was denied. They then petitioned the United States Court of Appeals for the Fifth Circuit for a stay pending review. The petitioners argued that the Rule exceeds DOT’s statutory authority under 49 U.S.C. § 41712(a), which allows the DOT Secretary to investigate and adjudicate unfair or deceptive practices but does not authorize the creation of detailed legislative rules. The petitioners also claimed that the Rule imposes significant compliance costs that would cause irreparable harm.The United States Court of Appeals for the Fifth Circuit granted the stay, finding that the petitioners made a strong showing that the Rule likely exceeds DOT’s authority. The court noted that the Rule mandates specific disclosure practices without the adjudicatory process required by the statute. The court also found that the petitioners would suffer irreparable harm due to the nonrecoverable compliance costs. The court concluded that there is no public interest in perpetuating unlawful agency action and expedited the petition for review to the next available oral argument panel. View "Airlines for America v. Department of Transportation" on Justia Law

In September 2018, Bryana Baker was arrested and taken to Butler County Jail, where she began experiencing drug withdrawal symptoms. After attempting to escape, she was placed in disciplinary isolation. Despite multiple mental health assessments indicating she was not suicidal, Baker was placed on suicide watch due to erratic behavior. On September 24, she was removed from suicide watch but was not cleared for single-celling. The next day, after a series of altercations with her cellmate, Officer April Riahi closed Baker’s cell door. Shortly thereafter, Baker was found hanging in her cell and later died.The United States District Court for the Southern District of Ohio granted summary judgment to the defendants, including Officer Riahi, Sheriff Richard Jones, and Butler County. The court found no evidence of deliberate indifference or constitutional violations by the defendants.The United States Court of Appeals for the Sixth Circuit reviewed the case de novo. The court held that Officer Riahi was entitled to qualified immunity because no clearly established law indicated her actions were unconstitutional. The court also found that Sheriff Jones could not be held liable under supervisory liability since there was no underlying constitutional violation by Riahi. Additionally, the court ruled that Butler County was not liable under municipal liability theories because there was no deliberate indifference to a clearly established right. Lastly, the court determined that Riahi and Jones were entitled to Ohio statutory immunity on the state-law claims, as their actions did not amount to recklessness under Ohio law.The Sixth Circuit affirmed the district court’s judgment, granting summary judgment to the defendants on all claims. View "Campbell v. Riahi" on Justia Law

Isai Rivas Dubon, a native and citizen of Honduras, entered the United States without inspection in January 1999 and was ordered removed in May 2000. However, the removal order was never executed, and Dubon remained in the country. After successfully adjusting his status, he became a lawful permanent resident and applied for naturalization in August 2020. During the application process, Dubon disclosed a 2019 arrest for violating a domestic violence protection order, which was later dismissed. The United States Citizenship and Immigration Services (USCIS) interviewed Dubon in March 2021 but took no further action for 14 months, prompting Dubon to file a lawsuit in federal district court under 8 U.S.C. § 1447(b) in June 2022.The United States District Court for the Middle District of North Carolina remanded Dubon’s naturalization application to USCIS, instructing the agency to decide within 15 days. The court found that USCIS had a valid reason for the delay due to Dubon’s outstanding removal order, which was terminated in August 2022. USCIS denied Dubon’s naturalization application six days after the remand, citing his 2019 arrest as a disqualifying factor for demonstrating "good moral character." Dubon appealed the district court’s remand order, arguing that the agency had not shown good cause for its delay.The United States Court of Appeals for the Fourth Circuit reviewed the case and granted the government’s motion to dismiss the appeal for lack of jurisdiction. The court held that a remand order under 8 U.S.C. § 1447(b) is neither a final decision nor appealable under the collateral order doctrine. The court emphasized that such remand orders are interlocutory and do not end the litigation on the merits, thus falling outside the scope of appealable orders under 28 U.S.C. § 1291. The court concluded that Dubon’s interest in having his application decided by the district court rather than USCIS did not justify an immediate appeal. View "Dubon v. Jaddou" on Justia Law

The case involves three plaintiffs: Rockne Miller, a former Missouri legislator; John LaVanchy, a committee-records specialist currently working for the General Assembly; and Presidio Environmental, LLC, a company that sought to hire Miller as a lobbyist. They challenged a recent amendment to the Missouri Constitution that imposes a two-year ban on lobbying for former legislators and staff. Miller and LaVanchy argued that the ban prevented them from becoming lobbyists, while Presidio claimed it hindered their ability to hire Miller for lobbying purposes.The United States District Court for the Western District of Missouri granted summary judgment in favor of the Missouri Ethics Commission, upholding the lobbying ban. The court found that the ban was consistent with the First Amendment because it was narrowly tailored to further a compelling state interest in preventing corruption or the appearance of corruption.The United States Court of Appeals for the Eighth Circuit reviewed the case de novo. The court determined that the lobbying ban burdens political speech and thus must be subjected to strict scrutiny. The court found that Missouri failed to provide sufficient evidence of actual corruption or the appearance of corruption that the ban purportedly aimed to prevent. The court also concluded that the ban was not narrowly tailored, as it was both over-inclusive and under-inclusive, regulating too broadly and not addressing the specific issue of corruption effectively.The Eighth Circuit held that the two-year lobbying ban, as applied to the plaintiffs, violated the First Amendment. The court reversed the district court's judgment and remanded the case for further proceedings. View "Miller v. Ziegler" on Justia Law

Kay “KT” Jacobs, a member of the Columbia Heights City Council, was the subject of a recall petition. The petition alleged that Jacobs used a fake name and made derogatory comments about a city council candidate's heritage during a phone call, lied during a city investigation, and was subsequently censured and stripped of her ability to serve on boards and commissions. Jacobs filed a petition to cancel the recall election, arguing that the recall petition did not meet the legal requirements for recall petitions and failed to allege malfeasance or nonfeasance, which are constitutional prerequisites for recalling an elected municipal official.The district court denied Jacobs' petition, finding that the recall petition met the procedural requirements of the city charter and that the allegations constituted malfeasance. Jacobs appealed, and the Minnesota Supreme Court granted her petition for accelerated review.The Minnesota Supreme Court reversed the district court's decision, concluding that the recall petition did not meet the legal definitions of malfeasance or nonfeasance. The court held that Jacobs' conduct, while inappropriate, did not violate a substantive legal standard established by law, rule, or case law, and that she was not acting in her official capacity during the phone call. Therefore, the recall petition failed to allege the necessary grounds for a recall election under the Minnesota Constitution. The court canceled the recall election scheduled for February 13, 2024. View "Jacobs v. City of Columbia Heights" on Justia Law

James Morell, a retired research attorney for the Orange County Superior Court, was entitled to a pension under the County Employees Retirement Law of 1937 (CERL). The dispute arose over whether the $3,500 Optional Benefit Program (OBP) payments he received should be included in the calculation of his pension. The OBP allowed attorneys to allocate the $3,500 benefit to various options, including taxable cash or a healthcare reimbursement account. Morell allocated portions of the OBP to both cash and healthcare reimbursement in the years leading up to his retirement.The Superior Court of Los Angeles County initially ruled in favor of Morell, ordering the Board of Retirement for the Orange County Employees’ Retirement System (OCERS) to reconsider its decision excluding the OBP payments from Morell’s pension calculation. The court found that the board had improperly relied on a settlement agreement and a repealed statute, Government Code section 31460.1, which had excluded such payments from the definition of "compensation."The California Court of Appeal, Second Appellate District, reviewed the case. The court concluded that Resolution 90-1551, adopted by the Orange County Board of Supervisors, which excluded OBP payments from the definition of "compensation," remained valid despite the repeal of section 31460.1. The court found that Morell had elected to participate in the OBP by allocating the $3,500 benefit, and these payments reflected amounts that exceeded his salary. Therefore, the exclusion of the OBP payments from the pension calculation was proper.The Court of Appeal reversed the trial court’s judgment and remanded the case with directions to deny Morell’s petition. The court held that Resolution 90-1551 was still valid and that the OBP payments were correctly excluded from Morell’s pension calculation. View "Morell v. Board of Retirement for the Orange County Employees’ Retirement System" on Justia Law

A retired Navy chaplain, Allen Lancaster, sued several Navy officials in their official capacities, alleging discrimination in the Navy’s promotion practices. Lancaster claimed he was not promoted due to retaliation based on personal hostility and denominational prejudice. He sought declaratory and injunctive relief, including orders to remedy the harm to his career and to hold new promotion boards. Lancaster also challenged the six-year statute of limitations for civil actions against the United States and the constitutionality of a statutory privilege for selection board proceedings.The United States District Court for the Eastern District of Virginia dismissed Lancaster’s amended complaint with prejudice on res judicata grounds, referring to several prior decisions in the longstanding dispute over the Navy’s promotion procedures for chaplains. After Lancaster’s death, his widow, Darlene Lancaster, sought to reopen the case, substitute herself as the plaintiff, and amend the dismissed complaint. The district court denied these requests, leading to the current appeal.The United States Court of Appeals for the Fourth Circuit reviewed the case and determined that Lancaster’s death mooted his claims for prospective relief, as he could no longer benefit from the requested declarations and orders. The court also found that any potential claims for retrospective relief were barred by sovereign immunity, as the Lancasters failed to demonstrate an unequivocal waiver of this immunity. Consequently, the district court lacked subject matter jurisdiction to dismiss the case on res judicata grounds or to rule on the widow’s post-dismissal motion. The Fourth Circuit vacated the district court’s judgment and remanded the case with instructions to dismiss it without prejudice for lack of subject matter jurisdiction. View "Lancaster v. Secretary of the Navy" on Justia Law