Justia Government & Administrative Law Opinion Summaries

Michael Poffenbarger, a First Lieutenant in the Air Force Reserve, filed a lawsuit challenging the Air Force’s COVID-19 vaccine mandate, claiming it violated the Religious Freedom Restoration Act (RFRA) and the First Amendment. He sought a religious exemption, which was denied, and subsequently refused the vaccine. As a result, he received a letter of reprimand and was placed on inactive status, losing pay and retirement points. Poffenbarger sought declaratory and injunctive relief, including restoration of lost pay and points.The United States District Court for the Southern District of Ohio initially granted a preliminary injunction preventing the Air Force from taking further punitive action against Poffenbarger. In a related case, Doster v. Kendall, the same court certified a class of affected service members and issued similar injunctions. The Sixth Circuit affirmed these injunctions, but the Supreme Court later vacated the decision on mootness grounds after Congress directed the rescission of the vaccine mandate. The district court then dismissed Poffenbarger's case as moot.The United States Court of Appeals for the Sixth Circuit reviewed the district court’s dismissal de novo. The court held that Poffenbarger’s claim for lost drill pay and retirement points was barred by federal sovereign immunity. The court explained that RFRA’s waiver of sovereign immunity does not unequivocally include claims for money damages against the federal government. Since Poffenbarger’s claim sought retrospective compensation for a previous legal wrong, it constituted money damages, which are not covered by RFRA’s waiver. Consequently, the Sixth Circuit affirmed the district court’s dismissal of the case. View "Poffenbarger v. Kendall" on Justia Law

In June 2020, the North Dakota Department of Health inspected ND Indoor RV Park, LLC and found several health, safety, and fire code violations. The Park was informed that its 2020 operating license would be revoked unless the violations were corrected. The Park did not address the violations, leading to the initiation of the license revocation process. The Park also requested a renewal of its license for 2021, which was denied due to the existing violations. The Park was allowed to operate until the hearing proceedings were final. The Park later withdrew its request for a hearing, and the Department of Health dismissed the renewal application and closed the case. Subsequently, the Park sold its property.The Park filed a complaint against the State of North Dakota, alleging regulatory taking, deprivation of substantive and procedural due process, inverse condemnation, unlawful interference with business relationships, systemic violation of due process, and estoppel. The State moved for judgment on the pleadings, claiming qualified immunity for individual defendants and lack of subject matter jurisdiction on the takings claims. The district court denied the State’s motion for summary judgment on the takings and due process claims but granted summary judgment on the unlawful interference claim. The remaining claims were dismissed by stipulation.The North Dakota Supreme Court reviewed the case. The court granted a writ of supervision, directing the district court to dismiss counts II and III because the individual defendants were entitled to qualified immunity. The court also directed the dismissal of counts I and IV for lack of subject matter jurisdiction, as the Park failed to exhaust administrative remedies. The court concluded that the Park could not prevail on its substantive and procedural due process claims and that the district court lacked jurisdiction over the takings claims. View "ND Indoor RV Park v. State" on Justia Law

AstraZeneca Pharmaceuticals LP and AstraZeneca AB challenged the Drug Price Negotiation Program created by the Inflation Reduction Act of 2022, which directs the Centers for Medicare & Medicaid Services (CMS) to negotiate prices for certain high-expenditure drugs. CMS issued guidance on selecting qualifying drugs for 2026, including Farxiga, manufactured by AstraZeneca. AstraZeneca sued the Secretary of the Department of Health and Human Services and the CMS Administrator, claiming the Negotiation Program violated procedural due process and that parts of CMS’s guidance violated the Administrative Procedure Act (APA).The United States District Court for the District of Delaware ruled that AstraZeneca failed to state a due process violation and lacked standing to pursue its APA claims. The court entered judgment in favor of the government.The United States Court of Appeals for the Third Circuit reviewed the case. The court found that AstraZeneca lacked Article III standing to challenge the CMS guidance under the APA because the company did not demonstrate a concrete and particularized injury. AstraZeneca's claims about the impact on its business decision-making and difficulty valuing Farxiga in negotiations were deemed hypothetical and conjectural.Regarding the due process claim, the court held that AstraZeneca did not have a protected property interest in selling its drugs at a market rate. The court noted that federal patent laws do not confer a right to sell at a particular price, and the Negotiation Program only sets prices for drugs reimbursed by CMS, not private market transactions. Consequently, the court affirmed the District Court’s judgment, granting summary judgment in favor of the government on both the APA and due process claims. View "AstraZeneca Pharmaceuticals LP v. Secretary United States Department of Health and H" on Justia Law

Stefan Green, a South African citizen, applied for an R-1 visa to serve as a worship leader at Calvary Albuquerque, Inc., a non-profit church in New Mexico. His application was denied by a consular officer, leading Calvary to sue, alleging the denial violated the Religious Freedom Restoration Act (RFRA). The district court dismissed the suit, citing the consular nonreviewability doctrine, which generally prevents judicial review of consular officers' visa decisions.The United States District Court for the District of New Mexico dismissed the case, ruling that RFRA did not authorize judicial review of the consular officer’s decision. The court also found that the consular officer provided a facially legitimate and bona fide reason for the visa denial, and Calvary did not plausibly allege bad faith. The district court denied Calvary’s motion for a preliminary injunction.The United States Court of Appeals for the Tenth Circuit reviewed the case and affirmed the district court’s dismissal. The Tenth Circuit held that RFRA does not expressly authorize judicial review of consular officers' visa decisions, thus upholding the consular nonreviewability doctrine. The court also concluded that even if RFRA claims could be considered under the constitutional claim exception, the consular officer provided a facially legitimate and bona fide reason for denying the visa, and Calvary did not plausibly allege bad faith. Consequently, the court affirmed the district court’s judgment. View "Calvary Albuquerque v. Blinken" on Justia Law

Captain Matthew Hight trained with the Saint Lawrence Seaway Pilots Association from 2015 to 2018 to become a maritime pilot on Lake Ontario and the St. Lawrence River. The Great Lakes Pilotage Act of 1960 requires certain ships on these waters to have a registered pilot on board. The Coast Guard oversees the registration of American pilots and supervises private pilotage associations responsible for training new pilots. Hight applied for registration in 2018, but the Pilots Association recommended denial, citing incomplete training and concerns about his temperament. The Coast Guard denied his application after an independent review.Hight challenged the decision in the United States District Court for the District of Columbia, arguing that the Coast Guard acted arbitrarily and capriciously, unconstitutionally delegated authority to the Pilots Association, and violated the First Amendment by requiring him to train with and join the Pilots Association. The district court rejected all claims, finding that the Coast Guard's decision was supported by substantial evidence, including Hight's failure to complete the required training and concerns about his temperament.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that the Coast Guard's decision was reasonable and supported by the record, as Hight had not completed the required supervised trips on the St. Lawrence River. The court also found that the Coast Guard did not unconstitutionally delegate authority to the Pilots Association, as the association's role was limited to providing advice and gathering facts. Finally, the court determined that Hight's First Amendment claim regarding mandatory association membership was not ripe for review, as he was not yet eligible to join the Pilots Association. The court affirmed the district court's judgment. View "Hight v. DHS" on Justia Law

Kenneth Michael Sikorsky purchased a property in Newburgh, New York, in 2006 but fell behind on his property taxes, leading to foreclosure by the City of Newburgh in 2012. Sikorsky and the City later agreed on a contract for Sikorsky to repurchase the property, but the sale fell through when Sikorsky failed to make the required payments. The City subsequently sold the property for $350,500, significantly more than the $92,786.24 Sikorsky owed in taxes, but did not return the surplus to Sikorsky.The United States District Court for the Southern District of New York dismissed Sikorsky's pro se complaint, which alleged a constitutional taking and violations of New York state laws. Sikorsky, now represented by counsel, appealed the dismissal, arguing that he had stated a valid claim under the Takings Clause of the Fifth Amendment and that he had a right to recover under new New York state laws enacted during the appeal.The United States Court of Appeals for the Second Circuit reviewed the case and concluded that Sikorsky had indeed stated a claim for a constitutional taking against the City of Newburgh and Jeremy Kaufman. The court found that the new New York laws did not provide Sikorsky with a remedy, as they only applied to properties sold on or after May 25, 2023, or to those with active proceedings under N.Y. CPLR § 7803(1) on the effective date of the act. Since Sikorsky's property was sold in June 2021 and he had not initiated an Article 78 proceeding, he lacked a local remedy.The Second Circuit vacated the District Court's dismissal of Sikorsky's constitutional taking claims against the City of Newburgh and Jeremy Kaufman and remanded the case for further proceedings consistent with its opinion. View "Sikorsky v. City of Newburgh" on Justia Law

Lathfield Investments, LLC, Lathfield Holdings, LLC, and Lathfield Partners, LLC (collectively, "Lathfield") own three commercial buildings in Lathrup Village, Michigan, rented to various commercial tenants. The City of Lathrup Village and its Downtown Development Authority (collectively, the "City") require landlords to obtain a rental license and list each tenant's name and principal business. Lathfield applied for a landlord rental license in July 2020 but did not list the required tenant information, leading to the denial of their application and their tenants' business license applications. Lathfield sued the City, alleging unlawful compulsion to apply for unnecessary licenses and make unnecessary property improvements, bringing eleven claims, nine against the City.The United States District Court for the Eastern District of Michigan granted summary judgment to the City on all nine claims. Lathfield appealed, arguing that the City improperly required site plan approval, violated due process and equal protection rights, and engaged in inverse condemnation, among other claims.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the district court's decision. The court held that Lathfield's request for declaratory relief regarding site plan approval was moot since the site plan process was already completed. The court also found that Lathfield was required to obtain a general business license under the City Code and that the City Code's tenant registration requirement applied to Lathfield. The court rejected Lathfield's due process claims, noting that the City’s adoption of the Michigan Building Code was a legislative act not subject to procedural due process requirements. The court also dismissed Lathfield's equal protection claim due to a lack of evidence of differential treatment and found no basis for the Contracts Clause claim under 42 U.S.C. § 1983. Lastly, the court concluded that Lathfield failed to establish an inverse condemnation claim or a civil conspiracy. View "Lathfield Investments, LLC v. City of Lathrup Village, Mich." on Justia Law

Intellectual Capitol, Inc., JMI Sports, and JMIS College, LLC (Appellants) obtained contracts through the state procurement process with the South Carolina Workers' Compensation Commission (WCC) and Clemson University (Respondents). Disputes arose under these contracts, leading Respondents to file Requests for Resolution of Contract Controversy with the Chief Procurement Officer (CPO) for the State of South Carolina. Appellants then filed separate declaratory judgment actions in circuit court, challenging the constitutionality of section 11-35-4230 of the South Carolina Code, which grants the CPO exclusive jurisdiction over state contract disputes.The circuit court granted Respondents' motions to dismiss the declaratory judgment actions, ruling that section 11-35-4230 placed exclusive jurisdiction over the State's contract disputes with the CPO. The court also dismissed Appellants' constitutional claims as premature due to their failure to exhaust administrative remedies. Appellants appealed this decision.The South Carolina Supreme Court reviewed the case and affirmed the circuit court's dismissal of the declaratory judgment actions, but modified the reasoning. The Supreme Court held that the contracts between Appellants and Respondents contained a clear choice-of-forum provision, which unambiguously gave the CPO exclusive authority to resolve disputes. By agreeing to this provision, Appellants waived their right to have their disputes decided by a court of the unified judicial system. Consequently, there was no justiciable controversy, rendering the constitutional challenge to section 11-35-4230 a purely academic exercise. The Supreme Court affirmed the circuit court's dismissal of the declaratory judgment actions, as there were no legal rights at issue. View "Intellectual Capital, Inc. v. Chief Procurement Officer" on Justia Law

A national consumer advocate law firm (C Co.) and its affiliate (S Co.) providing administrative support services sought injunctive and declaratory relief against the Department of Banking. The Department had initiated an administrative enforcement action against S Co. for allegedly engaging in unlicensed debt negotiation activities. The plaintiffs argued that S Co. was exempt from licensing requirements under a presumption established in a prior case (Persels & Associates, LLC v. Banking Commissioner), which holds that attorneys providing debt negotiation services as part of their legal practice fall under the exclusive regulation of the Judicial Branch.The trial court denied the Department's motion to dismiss the plaintiffs' action, concluding that the plaintiffs were not required to exhaust administrative remedies before seeking judicial intervention on whether the Persels presumption applied to S Co. The Department appealed, arguing that the Commissioner of Banking should first determine whether the presumption applied.The Supreme Court of Connecticut affirmed the trial court's decision, holding that the plaintiffs were not required to exhaust administrative remedies before seeking judicial intervention. The court reasoned that the Commissioner of Banking lacks the expertise to determine whether the Persels presumption applies, as this involves assessing whether the activities in question constitute the practice of law, which falls under the exclusive authority of the Judicial Branch. The court emphasized that allowing the commissioner to make this determination would violate the constitutional separation of powers. Therefore, the plaintiffs could seek declaratory and injunctive relief in the trial court without waiting for the commissioner to resolve the issue. View "Commonwealth Servicing Group, LLC v. Dept. of Banking" on Justia Law

Clarios, LLC (Clarios) purchased an industrial site in 2006, for which the seller had executed a remediation plan under the Industrial Site Recovery Act (ISRA) and placed funds in trust for future remediation. In 2007, Clarios ceased operations and sought a Remediation in Progress Waiver (RIP Waiver) from the New Jersey Department of Environmental Protection (DEP), which was granted with the condition that the DEP reserved the right to enforce ISRA obligations in the future. Clarios sold the site in 2011, and the new owner, DeNovo, assumed remediation responsibilities. By 2021, the remediation trust was depleted, and the site was out of compliance. In April 2022, the DEP rescinded Clarios’s RIP Waiver due to non-compliance and depletion of funds.Clarios requested an adjudicatory hearing, arguing that the rescission without notice or a hearing violated its due process rights. The DEP denied the request, stating that rescission did not entitle Clarios to a hearing under the relevant regulations. Clarios appealed, and the Appellate Division ruled in favor of the DEP, holding that Clarios did not have a protected property interest in the RIP Waiver. The court found that Clarios’s expectation of continued suspension of remediation obligations was not based on any statutory or regulatory provisions but rather on a unilateral expectation.The Supreme Court of New Jersey reviewed the case and affirmed the Appellate Division’s decision. The Court held that the DEP’s initial grant of the RIP Waiver did not create a property interest in the continued suspension of Clarios’s remediation obligations. The Court found that neither the controlling statutes and regulations nor a mutually explicit understanding between the parties provided an entitlement to the indefinite continuance of the waiver. The governing laws and agency materials anticipated the DEP’s ability to enforce remediation obligations in the future, and thus, rescission of the RIP Waiver without a hearing did not violate Clarios’s due process rights. View "In re Appeal of the New Jersey Department of Environmental Protection's September 6, 2022 Denial of Request for Adjudicatory Hearing" on Justia Law