Justia Government & Administrative Law Opinion Summaries

The City of Helena ("Helena") appealed the issuance of a preliminary injunction by the Shelby Circuit Court in favor of the Pelham Board of Education ("the Board") and its officers and/or members, in their official capacities (collectively, "the Board defendants"). In June 2021, the Board purchased approximately 52 acres of undeveloped land located within the corporate limits of Helena. The land has not been annexed by the City of Pelham or the Board. Helena collects property taxes on the land, and the land was zoned for single-family residential use under a Helena zoning ordinance. After purchasing the land, the Board began clearing the land for the purpose of constructing one or more athletic fields and a parking lot as part of the Pelham High School campus. Pelham High School was located adjacent to the land but lied within the corporate limits of the City of Pelham. The athletic-field project was originally scheduled to be completed on or before January 17, 2022, but it was delayed by Helena's attempts to enforce its zoning ordinance, which was an issue in this case. Helena asserted in its complaint, among other things, that the Board has no statutory authority to construct the athletic-field project within the corporate limits of Helena. The Board defendants counterclaimed, seeking sought declaratory and injunctive relief based on their position that the athletic-field project served a governmental purpose and, therefore, was not subject to Helena's zoning ordinance. Finding that the trial court did not follow the mandatory requirements of Rule 65(d)(2), the preliminary injunction was dissolved and the order issuing the injunction was, therefore, reversed and the case remanded. View "City of Helena v. Pelham Board of Education, et al." on Justia Law

Two cases were consolidated for the purposes of appeal, both from the Circuit Court of Hancock County, Mississippi. In each case, the circuit court found that it lacked jurisdiction due to a defect in the notice of appeal pursuant to Mississippi Code Section 11- 51-75(a)(i) (Rev. 2019). The circuit court dismissed both cases. The Mississippi Supreme Court found the statute did require that a petitioner before a local governing authority be made a party to an appeal of the authority’s decision. "But naming petitioners as appellees in the notice of appeal is procedural. Therefore, a notice of appeal that is filed on time but erroneously omits a petitioner’s name does not defeat the circuit court’s jurisdiction, and the error may be corrected." Finding that a defect in the contents of the notice of appeal was a procedural rather than a jurisdictional error, the Supreme Court reversed and remanded. View "Longo, et al. v. City of Waveland, et al." on Justia Law

In 2018, John Webb Pace, Jeannette Pace, and John Gregory Pace (the Paces) filed a complaint against Tiger Production Company, LLC, CCore Energy Management Company, LLC, Robert Marsh Nippes, and Harry Walters (collectively, “Tiger Production”). Each defendant filed a motion to dismiss the Paces’ claims for failure to exhaust their administrative remedies before the Mississippi Oil and Gas Board (MSOGB). After hearing oral arguments, the circuit court denied the motions to dismiss, determining that all of the Paces’ claims were based in common law and could not be remedied by the MSOGB. Tiger Production timely sought interlocutory appeal, which the Mississippi Supreme Court granted. After review, the Supreme Court found the circuit court was correct. The Court therefore affirmed the circuit court’s judgment and remanded the case to the circuit court for further proceedings. View "Tiger Production Company, LLC, et al. v. Pace" on Justia Law

The City of Los Angeles (City) entered into a contract with defendant and respondent PricewaterhouseCoopers, LLC (PWC) to modernize the billing system for the Los Angeles Department of Water and Power (LADWP). PWC filed a motion for sanctions under Code of Civil Procedure sections 2023.010 and 2023.030 of the Civil Discovery Act nine months after the case was dismissed with prejudice, seeking monetary sanctions for egregious misuse of the discovery process while the litigation was pending. The trial court awarded $2.5 million in sanctions. On appeal from the postjudgment order, in response to a letter from this court inviting additional briefing pursuant to Government Code section 68081, the sanctioned party contends the Discovery Act does not authorize the trial court to award monetary sanctions under section 2023.030 alone or together with section 2023.010.   The Second Appellate District reversed the postjudgment order and remanded the matter for the trial court to enter a new and different order on the issue of monetary sanctions based on discovery provisions authorizing the imposition of sanctions in this case. The court explained that although the trial court had jurisdiction to entertain PWC’s motion for sanctions and discretion to find it was timely filed, the order awarding sanctions must be reversed and remanded to allow the trial court to award PWC’s reasonable expenses incurred as a result of sanctionable conduct under provisions of the Discovery Act other than sections 2023.010 and 2023.030. View "City of L.A. v. PricewaterhouseCoopers, LLC" on Justia Law

The Federal Energy Regulatory Commission (FERC)  brought an enforcement action against BP, alleging the company capitalized on the hurricane-induced chaos in commodities markets by devising a scheme to manipulate the market for natural gas. BP sought judicial review of FERC’s order finding that BP engaged in market manipulation and imposing a $20 million civil penalty.   The Fifth Circuit explained that because FERC predicated its penalty assessment on its erroneous position that it had jurisdiction over all (and not just some) of BP’s transactions, the court must remand for a reassessment of the penalty in the light of the court’s jurisdictional holding. Thus, the court granted in part and denied in part BP’s petition for review and remanded to the agency for reassessment of the penalty.   The court explained that it has rejected FERC’s expansive assertion that it has jurisdiction over any manipulative trade affecting the price of an NGA transaction. The court, however, reaffirmed the Commission’s authority over transactions directly involving natural gas in interstate commerce under the NGA. The court further determined that there was substantial evidence to support FERC’s finding that BP manipulated the market for natural gas. The court found that FERC’s reasoning in imposing a penalty was not arbitrary and capricious, though the court concluded that FERC’s reliance on an erroneous understanding of its own jurisdiction necessitates remand for recalculation of the penalty. Finally, the court held that neither separation of functions nor statute of limitations issues justify overturning the Commission’s order. View "BP America v. FERC" on Justia Law

The Pipeline and Hazardous Materials Safety Administration (within the Department of Transportation (DOT)) found that Polyweave had violated federal regulations and assessed a $14,460 civil penalty. While seeking judicial review of that civil-penalty order in the court of appeals, Polyweave filed suit in district court seeking injunctive and declaratory relief to prevent DOT from rescinding a regulation (Subpart D) that included requirements for enforcement actions taken by DOT administrations, such as the Polyweave enforcement proceeding. Polyweave argued that the DOT improperly rescinded Subpart D and alleges that it, therefore, incurred procedural injuries in the underlying enforcement proceeding.The Seventh Circuit affirmed the dismissal of the suit. The district court lacked jurisdiction over Polyweave’s claims because the court of appeals exclusive jurisdiction (49 U.S.C. 5127) over judicial review of the underlying agency order bars Polyweave from attempting to litigate the rescission of Subpart D in the district court. When Congress places judicial review of certain types of agency action in the court of appeals rather than the district court, this jurisdictional allocation cannot be circumvented by suing in the district court to challenge agency procedures used (or omitted) in the proceedings leading to such actions, at least where court-of-appeals jurisdiction provides a fully effective forum to address such arguments. The only plausible bases for asserting Article III injury in this case, which involves enforcement procedures, can be asserted in review of the agency action in which those procedures were applied. View "Polyweave Packaging, Inc. v. Buttigieg" on Justia Law

The California Commission on Teacher Credentialing (Commission) and the Committee of Credentials of the Commission on Teacher Credentialing (Committee) appealed a judgment and peremptory writ of prohibition directing them to discontinue certain investigative proceedings against present and former public school administrators Kathy Little, Simone Kovats, and Debra Sather (together, the administrators). The Committee commenced an initial review of the administrators’ fitness to continue as credential holders in 2019. Nonparty John Villani was a special education teacher employed by the District between 2011 and 2014. Villani sued the District in 2016 alleging the District unlawfully retaliated against him after he reported that a teacher-aide, David Yoder, was “grooming” and paying inappropriate attention to some of the minor students in his care. Yoder was subsequently charged and convicted of several felony sex offenses against minors, including an offense against one of the aforementioned students. As relevant here, Villani’s lawsuit also alleged the administrators ignored his concerns about Yoder. The Commission learned about Villani’s lawsuit from a news article; the Commission thereafter launched its investigation. The administrators objected to the manner in which the Commission had obtained documents and information from Villani and argued the Committee had not established jurisdiction to review their credentials. The administrators demanded the Commission cease the investigation and the Committee drop the scheduled meetings. The Commission and Committee argued the trial court erred in ruling the administrators were excused from exhausting administrative remedies and misinterpreted Education Code section 44242.5, which defined the scope of the Committee’s jurisdiction. Finding no error, the Court of Appeal affirmed the judgment and writ. View "Little v. Com. on Teacher Credentialing" on Justia Law

OSHA inspector Minett-Jackson attempted to conduct an inspection of AMC, a Chicago fruit and vegetable wholesaler. AMC considered the timing suspicious because AMC was scheduled to go to trial on another OSHA matter days later. AMC denied Minett-Jackson entry. OSHA applied for an ex parte inspection warrant. Minett-Jackson’s warrant application stated that it was “based upon a complaint from one of AMC’s current employees.” who had witnessed a forklift accident. Minett-Jackson stated that, based on her training and experience, she knew that the described situation might constitute violations of the Occupational Safety and Health Act, 29 U.S.C. 651. When Minett-Jackson returned to AMC with a warrant, she was again denied entry. AMC filed an emergency motion to stay the warrant and unseal the application and requested time to file a motion to quash the warrant on the ground that it was not supported by probable cause.The Seventh Circuit dismissed an appeal from the denial of the motion to quash, noting that the district court’s order was not final under 28 U.S.C. 1291. Significant ongoing proceedings in the district court afford the contesting party a full opportunity to object to the warrant in an adversarial context. Motions for contempt and to toll the statute of limitations are pending before the district court. View "Anthony Marano Co. v. Walsh" on Justia Law

Two tribes claimed to be a child’s tribe for purposes of the Indian Child Welfare Act (ICWA): The Native Village of Wales claimed the child was a tribal member; the Native Village of Chignik Lagoon claims that the child is “eligible for tribal membership.” After the superior court terminated the biological parents’ parental rights, Wales moved to transfer subsequent proceedings, including potential adoption, to its tribal court. Chignik Lagoon intervened in the child in need of aid (CINA) case, arguing that the child was not a member of Wales under Wales’s constitution and that transfer of further proceedings to the Wales tribal court was not authorized under ICWA. The superior court found that the child was a member of Wales and that Wales was the child’s tribe for ICWA purposes, and therefore granted the transfer of jurisdiction. Chignik Lagoon appealed. After review, the Alaska Supreme Court affirmed the superior court’s determination that the child was a member of Wales and that Wales was appropriately designated as the child’s tribe for ICWA purposes. The Supreme Court also concluded that, given that ruling, Chignik Lagoon lacked standing to challenge the transfer of proceedings to the Wales tribal court. View "Native Village of Chignik Lagoon v. Alaska Dept. of Health & Soc. Svcs." on Justia Law

Petitioners, a school district and the school district's superintendent, filed suit o stop the Oklahoma State School Board from taking actions against the school district in the meetings of the Board. The Board continued with its meetings and petitioners filed requests for a restraining order, preliminary injunction, and declaratory judgment to prevent further State Board actions until both the school district and its superintendent obtained administrative individual proceedings. The district court denied the petitioners' requests and they appealed. The State Board continued with its meetings, placed the school district on probation and required an interim superintendent as a condition of probation. The Oklahoma Supreme Court held the Superintendent failed to show a likelihood of success on the merits of his claim that a due process violation occurred, or a likelihood of success on the merits of his claim that his administrative remedy was inadequate, and failed to show he was entitled to a preliminary injunction. The Supreme Court held the School District failed to show a likelihood of success on the merits on a claim the State Board lacked authority to place the school district on probation with a condition requiring an interim superintendent, and failed to show a likelihood of success on the merits of a claim the school district was entitled to an administrative individual proceeding prior to the school district being placed on probation, and school district failed to show it was entitled to a preliminary injunction. Accordingly, the Supreme Court affirmed the district court's order. View "Western Heights Independent Sch. Dist. v. Oklahoma" on Justia Law