Justia Government & Administrative Law Opinion Summaries

Texas LNG, a company seeking to construct a liquid natural gas terminal in Brownsville, Texas, received a permit from the Texas Commission on Environmental Quality (TCEQ) to build its facility. The company faced delays due to litigation and the COVID-19 pandemic, resulting in three successive extensions of its construction deadline granted by TCEQ’s executive director. The South Texas Environmental Justice Network (STEJN), an environmental advocacy group, moved to overturn the third extension, arguing that Texas LNG did not meet the requirements under Texas law to receive it and that the executive director lacked authority to grant the extension.Prior to the current appeal, both federal and state agencies reviewed Texas LNG’s permit. The Federal Energy Regulatory Commission (FERC) and TCEQ initially granted the necessary permits, but subsequent legal challenges led to a remand by the D.C. Circuit to FERC (which ultimately reaffirmed the permit) and a dismissal by the Third Court of Appeals in Austin for lack of subject-matter jurisdiction regarding the TCEQ permit. TCEQ’s Office of Public Interest recommended granting the motion to overturn on the basis of updated air quality standards, but TCEQ did not issue a decision, resulting in a denial of STEJN’s motion by operation of law.The United States Court of Appeals for the Fifth Circuit reviewed STEJN’s direct petition for review of TCEQ’s denial. Applying de novo review under the Texas Administrative Procedure Act, the Fifth Circuit held that STEJN had standing but found that TCEQ’s executive director had the authority under section 116.120 of the Texas Administrative Code to grant the third extension. The court determined that Texas LNG met the regulatory requirements for a third extension, and substantial evidence supported TCEQ’s decision. Therefore, the Fifth Circuit denied STEJN’s petition for review. View "S Texas Environmental Justice v. Commission on Environmental Quality" on Justia Law

NonDoc Media and William W. Savage III submitted open records requests to the University of Oklahoma seeking two reports prepared by the law firm Jones Day. The reports resulted from investigations into allegations of misreporting alumni donor data and possible sexual misconduct involving high-ranking University officials. Jones Day was retained under an attorney-client relationship, and the reports included confidential interviews and legal analysis. Portions of the reports were provided to law enforcement under joint-interest agreements and excerpts of the sexual misconduct report were shared with the parties involved pursuant to Title IX protocols.The District Court of Cleveland County conducted an in camera review of both reports. It granted summary judgment in favor of the University, finding the documents protected by attorney-client privilege. The court also found that the reports were exempt under the Open Records Act’s personnel record exemption, and that the sexual misconduct report was further protected by work-product and informer privileges. The court did not find that the University had waived any of these protections, and rejected NonDoc’s arguments to the contrary. NonDoc appealed, and the Supreme Court of Oklahoma retained the case.The Supreme Court of the State of Oklahoma reviewed the summary judgment de novo and affirmed the district court’s decision. The Supreme Court held that the attorney-client privilege protects the reports from disclosure, and clarified that the privilege does not expire when the underlying investigation or action concludes. The court also found that the University did not waive the privilege by sharing the reports with law enforcement under joint-interest agreements or by limited disclosure required by law. Summary judgment for the University was affirmed. View "NONDOC MEDIA v. STATE Ex Rel. BOARD OF REGENTS of the UNIV. of OKLAHOMA" on Justia Law

Several individuals who reside in DeKalb County, Georgia, outside the city limits of Atlanta, opposed the construction of a new public safety training facility on city-owned land and wished to collect signatures for a referendum petition to repeal the city ordinance authorizing the lease for the facility. Atlanta’s municipal code required that signature gatherers for such petitions be residents of the City of Atlanta. Because they did not meet this residency requirement, the plaintiffs filed suit against the City, arguing that the restriction violated their First Amendment rights. They sought a preliminary injunction to prevent enforcement of the residency requirement, as well as other relief connected to the signature collection process.The United States District Court for the Northern District of Georgia granted the preliminary injunction, enjoining Atlanta from enforcing the residency requirement for signature gatherers. The court also ordered the City to issue new petitions without the residency restriction and restarted the 60-day signature collection period, while counting previously collected signatures. The City appealed the injunction and obtained a stay from the United States Court of Appeals for the Eleventh Circuit.On appeal, the United States Court of Appeals for the Eleventh Circuit held that the plaintiffs failed to demonstrate irreparable harm sufficient for injunctive relief. The court specified that, under Kemp v. City of Claxton, 496 S.E.2d 712 (Ga. 1998), Georgia law does not allow the use of a referendum petition to challenge or repeal a city ordinance unless it amends the city charter. Because the plaintiffs could not lawfully utilize the referendum process for their intended purpose, they lacked a right to the process and consequently could not show irreparable injury. The Eleventh Circuit vacated the preliminary injunction and remanded the case to the district court for further proceedings. View "Baker v. City of Atlanta" on Justia Law

Indiana amended its laws in 2022 to prohibit and criminalize the use of telehealth and telemedicine for abortions, requiring that abortion-inducing drugs be dispensed and consumed in person by a physician in a hospital or qualified surgical center. The Satanic Temple, a Massachusetts-based religious nonprofit, operates a telehealth abortion clinic serving only patients in New Mexico but seeks to extend these services to its Indiana members. It does not run, nor intends to operate, an in-person abortion clinic in Indiana or maintain ties to Indiana hospitals or surgical centers. The Temple filed suit against the Indiana Attorney General and Marion County Prosecutor, seeking to enjoin enforcement of the criminal statute (§ 16-34-2-7(a)) and to obtain declaratory relief under Indiana’s Religious Freedom Restoration Act.The United States District Court for the Southern District of Indiana reviewed the case and granted the defendants’ motion to dismiss for lack of standing. The court found that the Satanic Temple failed to identify any specific member who suffered an injury from the challenged law, thus lacking associational standing. It also held that the Temple itself lacked standing, as it could not show an injury in fact and could not demonstrate that favorable relief would redress its alleged harms due to other Indiana laws independently barring its intended conduct.On appeal, the United States Court of Appeals for the Seventh Circuit affirmed the district court’s dismissal. The Seventh Circuit held that the Satanic Temple lacked both associational and individual standing. The Temple failed to identify a specific injured member and relied only on statistical probabilities and generalized claims of stigmatic injury, which were insufficient. Additionally, the Temple did not present concrete plans to violate the law, and even if § 16-34-2-7(a) were enjoined, other statutes would independently prevent its telehealth abortion services in Indiana. Thus, the Seventh Circuit affirmed the dismissal for lack of subject matter jurisdiction. View "Satanic Temple, Inc. v Rokita" on Justia Law

Florida PACE Funding Agency initiated a proceeding in the Second Judicial Circuit to validate the issuance of $5 billion in bonds for financing certain property improvements under the PACE Act. The agency complied with statutory notice requirements, and a hearing was held where State Attorneys from the Second, Seventh, and Ninth Circuits were represented. No party objected to the entry of final judgment validating the bonds, and the judgment became final without any appeal. Over a year later, various governmental entities—including state attorneys, counties, and tax collectors (most of whom did not participate in the original proceedings)—filed motions under Florida Rule of Civil Procedure 1.540, seeking relief from the judgment, raising arguments such as lack of jurisdiction, due process violations, and alleged surprise.The circuit court allowed discovery and held an evidentiary hearing, after which it denied all motions for relief from judgment. For the parties who had not appeared previously, the court found that rule 1.540 did not apply to bond validation judgments due to the strict finality requirements of chapter 75, Florida Statutes, and that the motions were untimely and insufficient. For the state attorneys who had participated, the court concluded they were procedurally barred from seeking relief under rule 1.540 because it could not substitute for appellate review.On appeal, the Supreme Court of Florida reviewed whether rule 1.540 applies to final judgments in bond validation proceedings under chapter 75. The court held that chapter 75’s finality language—specifically section 75.09—precludes the use of rule 1.540 to collaterally attack such judgments after the time for appeal has expired. The court concluded that the statutory scheme is exclusive, and the rules of civil procedure do not override the statute. Accordingly, the Supreme Court of Florida affirmed the circuit court’s denial of the motions for relief from judgment. View "State Attorneys for the Second, Seventh and Ninth Judicial Circuits v. Florida Pace Funding Agency" on Justia Law

In this case, a motorist was stopped by state troopers for traffic infractions. The troopers observed signs of intoxication, and after the motorist failed a field sobriety test, he refused to take a chemical breath test, even after being warned multiple times about the consequences. Following his refusal, the troopers completed and signed sworn reports documenting the events, and his driver's license was automatically suspended pending a Department of Motor Vehicles (DMV) hearing to determine if it should be revoked for refusing the chemical test.At the DMV hearing, which was postponed once when the troopers failed to appear, the motorist again properly subpoenaed both troopers for the rescheduled hearing. When the troopers did not attend the second hearing, the Administrative Law Judge (ALJ) acknowledged the validity of the subpoenas but proceeded with the hearing without further adjournment. The ALJ admitted the troopers’ sworn written reports and supporting depositions as evidence and, over the motorist’s objections, found that the elements required for license revocation were met. On administrative appeal, the DMV Appeals Board affirmed, and upon transfer, the Appellate Division confirmed the DMV’s decision, reasoning that the motorist had made a tactical choice not to seek judicial enforcement of the subpoenas or request another adjournment.The New York Court of Appeals reviewed the matter. The court held that when a motorist properly subpoenas officers in a DMV license revocation hearing and the officers fail to appear, due process does not require dismissal of the charge or exclusion of their written reports unless the motorist first seeks judicial enforcement of the subpoenas pursuant to CPLR 2308(b). As the motorist in this case did not pursue enforcement or request an adjournment to do so, his due process rights were not violated. The court affirmed the Appellate Division’s order. View "Monaghan v. Schroeder" on Justia Law

An 18-year-old named Elijah Henry was driving with friends in Pleasanton, California, when a police officer, Officer Harvey, entered a parking lot to check for vehicle break-ins. Seeing the officer, Henry and his friends got into their car and left. Officer Harvey, suspecting a burglary, began to follow Henry’s car without activating lights or siren, intending to perform a traffic stop but not initiating a formal pursuit as defined by Pleasanton’s police policy. Henry, fearful of police attention, accelerated and ran a red light, colliding with Melanie Gilliland’s car and causing her serious injuries. Henry was later convicted of felony DUI, but no evidence connected him or his friends to the suspected burglary.Gilliland sued both Henry and the City of Pleasanton for negligence. In Alameda County Superior Court, the City moved for summary judgment, arguing it was immune from liability under California Vehicle Code section 17004.7, which protects public entities from damages caused by suspects fleeing police if the entity has a compliant vehicular pursuit policy and provides regular training. The first judge denied summary judgment, finding neither an actual nor perceived pursuit occurred under the City’s policy. At a later bench trial before a different judge, the court found the City immune, reasoning Henry believed he was being “pursued” in the ordinary sense, even though no formal pursuit was initiated.The California Court of Appeal, First Appellate District, reviewed the case and held the trial court applied the wrong legal standard for immunity under section 17004.7. The appellate court determined that “pursued” must be defined according to the public entity’s vehicular pursuit policy, not by its ordinary meaning. Because the lower court failed to consider evidence that Henry did not believe he was pursued within the meaning of the policy, the judgment in favor of the City was reversed and remanded for application of the correct standard. View "Gilliland v. City of Pleasanton" on Justia Law

A municipal water and gas board entered into four contracts with a contractor to replace and expand gas lines in and around a city. The total project cost exceeded $4 million, and the contractor began work after being the sole bidder for each project phase. After paying the contractor over $2.8 million, the board ceased payments, leaving over $800,000 due for completed work. The board asserted it could not continue payments because the advertisement for sealed bids had not strictly complied with the version of the applicable Alabama statute in effect at the time the bids were solicited. The contractor then sued the board for breach of contract and other claims.The Franklin Circuit Court granted summary judgment for the board, finding, in effect, that strict compliance with the statutory advertising requirements was necessary and that the contracts were void due to noncompliance. The trial court denied the contractor’s postjudgment motion, and the contractor appealed.The Supreme Court of Alabama reviewed the case de novo. It held that substantial compliance, rather than strict compliance, with the advertising requirements for public works contracts under the relevant statute can satisfy the law’s objectives. The court distinguished this situation from prior precedent where there was a complete absence of competitive bidding and evidence of favoritism or corruption. Here, there was no such evidence, and the board had taken affirmative steps to advertise, including publication and online postings. The court concluded that the contractor presented substantial evidence of substantial compliance, creating a genuine issue of material fact. The Supreme Court of Alabama reversed the summary judgment and remanded the case for further proceedings. View "Pinpoint Locating, Inc. v. The Water Works and Gas Board of the City of Red Bay" on Justia Law

A group of homeowners, all over the age of 65, entered into contracts for energy efficiency improvements to their homes under California's Property Assessed Clean Energy (PACE) program. This program allows local governments to offer financing for such improvements, with repayment made through voluntary special assessments added to the homeowners’ property tax bills. Most local governments contracted private companies to administer these PACE loans. The homeowners alleged that these private administrators failed to comply with consumer protection and lending laws applicable to consumer lenders, such as providing required warnings and avoiding prohibited security interests. They filed suit under the Unfair Competition Law, seeking injunctive relief and restitution, including the return of assessment monies paid and prohibitions on future collection of delinquent assessments unless the assessments were removed from their properties.The San Diego County Superior Court sustained the defendants’ demurrers, concluding that the plaintiffs were required to exhaust administrative tax remedies before pursuing their claims in court. The California Court of Appeal affirmed, reasoning that because PACE assessments are collected as part of property taxes and the relief sought would invalidate those assessments, plaintiffs first needed to pay the assessments and seek administrative relief through the established tax refund procedures.The Supreme Court of California reviewed the case to determine whether plaintiffs were required to follow statutory procedures for challenging taxes. The court held that when plaintiffs’ claims effectively seek to invalidate PACE assessments or prevent their future collection, they must first pay the assessments and pursue administrative tax remedies. However, the court also held that plaintiffs are not required to use tax challenge procedures for claims that do not directly or indirectly challenge a tax, such as those solely addressing the administration of the PACE program. The judgment was affirmed in part, reversed in part, and the case remanded to consider whether plaintiffs should be allowed to amend their complaints to state only non-tax-related claims. View "Morgan v. Ygrene Energy Fund, Inc." on Justia Law

A homeowners association in San Diego, governed by the Davis-Stirling Act and its own bylaws, held a recall election to remove a board director. The association distributed recall ballot materials, including a candidate statement from the sole candidate seeking to replace the director if the recall succeeded. The sitting director sought to include her own statement in these materials to advocate against her removal but was denied by the elections inspector, who reasoned that only candidate statements were included. The association’s election rules defined “association media” to exclude candidate forms or statements attached to ballots.Previously, the Superior Court of San Diego County, in a separate action brought by the same director, found no violation of the statutory equal-access requirement for association media, concluding that all candidates had equal opportunity to submit statements using the association’s forms for regular board elections. Following the recall, the director filed a new petition and complaint challenging the association’s refusal to distribute her statement, alleging violations of Civil Code section 5105, various Corporations Code provisions, and negligence. After a bench trial, the Superior Court again ruled for the association and the inspector, finding the candidate statement was not “association media” under the relevant statute and that the recall vote met statutory requirements.The California Court of Appeal, Fourth Appellate District, Division One, reversed. It held that “association media” as used in Civil Code section 5105 does encompass ballot materials containing candidate statements distributed by the association during an election. The court concluded the director was entitled to equal access to these materials to advocate her position. The court remanded for further proceedings to determine, under Civil Code section 5145, whether the association’s failure to provide equal access affected the election outcome. The judgment was reversed and remanded with directions. View "Arroyo v. Pacific Ridge Neighborhood Homeowners Assn." on Justia Law