Justia Government & Administrative Law Opinion Summaries

The Court of Appeals held that the legislature's grant of rulemaking authority to the Commission on Forensic Sciences was sufficient to authorize the Commission's promulgation of the Familial DNA Search (FDS) Regulations codified at 9 N.Y.C.R.R. 6192.1 and 6192.3.In 2017, the DNA Subcommittee submitted to the Commission a recommendation to authorize familial DNA searches. The Commission adopted the recommendation, and the New York State Division of Criminal Justice Services (DCJS) formally adopted the recommendation as part of the FDS Regulations. Petitioners brought this N.Y. C.L.P.R. 78 proceeding arguing that Respondents lacked statutory authority to promulgate the FDA Regulations, therefore violating the New York Constitution's separation of powers doctrine. Supreme Court denied the petition on the merits, and the appellate division affirmed. The Court of Appeals reversed, holding that the Commission had the statutory authority to promulgate the FDS Regulations. View "Stevens v. N.Y. State Division of Criminal Justice Services" on Justia Law

Chapter 423 of the Texas Government Code governs the operation of unmanned aerial vehicles—drones—in Texas airspace. In this case, Plaintiffs claimed a sweeping First Amendment right to use unmanned aerial drones to film private individuals and property without their consent. They also assert a constitutional right to fly drones at low altitudes over critical infrastructure facilities like prisons and large sports venues.   The Fifth Circuit reversed and remanded with instructions to enter judgment in Defendants’ favor on the constitutional claims. The court explained that it disagreed with Plaintiffs claim that a sweeping First Amendment right to use unmanned aerial drones to film private individuals and property without their consent. The court explained that though it does not foreclose any as-applied constitutional defenses to any hypothetical future prosecutions under the drone laws, we hold that these facial challenges fail. The court also rejected Plaintiffs’ cross-appeal claiming that federal regulations occupy the entire field of drone regulation. On this issue, the court affirmed the district court’s dismissal of the field-preemption claim. The court explained that federal law expressly contemplates concurrent non-federal regulation of drones, especially where privacy and critical infrastructure are concerned. View "National Press v. McCraw" on Justia Law

Plaintiff John Frank sued Wyoming state and local officials in federal district court under 42 U.S.C. § 1983, contending Wyoming's electioneering statute violated the First Amendment, facially and as applied. Frank, a Wyoming citizen, and alleging the statute unconstitutionally prevented him from handing out campaign literature and displaying bumper stickers on his car within the 300-foot buffer zone. Frank also claimed the statute was overbroad because it violated the First Amendment rights of third parties who could not display campaign signs on private property falling within the statutory buffer zones. The parties filed cross-motions for summary judgment. The court granted each in part, striking down some parts of the electioneering statute and upholding the rest. Specifically, the district court held the ban on electioneering within 300 feet of polling places on election day was unconstitutional, as was the ban on bumper stickers within the election day and absentee period buffer zones. But the district court upheld the statute’s prohibition on electioneering within 100 feet of absentee polling places. It also concluded there was an insufficient factual basis to consider Plaintiff’s overbreadth claim. After its review, the Tenth Circuit affirmed in part and reversed in part, and remanded for further proceedings. The Court upheld the electioneering statute against Frank’s First Amendment challenge to the size of, and conduct proscribed within, the 300-foot election-day buffer zone. The Court reversed and remanded on Frank’s constitutional challenge to the absentee buffer zone, including the electioneering conduct proscribed within that zone. Finally, the Court remanded for the district court to adjudicate in the first instance Frank’s facial overbreadth challenge. View "Frank, et al. v. Wyoming Secretary of State, et al." on Justia Law

The Weld County Colorado Board of County Commissioners (“Weld County”) sought review of rules adopted by the Colorado Air Quality Control Commission (the “Commission”) to minimize emissions of certain pollutants from oil and gas wells. A Colorado court of appeals applied a specialized political subdivision standing test and concluded that Weld County did not have standing to pursue its claims. In Colorado State Board of Education v. Adams County School District 14, 2023 CO 52, __ P.3d __, the Colorado Supreme Court abandoned the political subdivision test because it generated unnecessary confusion, and that a political subdivision, just like any other plaintiff, had to satisfy only the standing test developed in Wimberly v. Ettenberg, 570 P.2d 535 (Colo. 1977). Applying that holding here, the Court examined whether Weld County has suffered (1) an injury in fact (2) to a legally protected interest. To this, the Court concluded that, although Weld County had a legally protected interest, it could not demonstrate an injury to that interest. Accordingly, Weld County lacked standing to pursue the claims raised here. We thus affirm the division’s judgment, albeit on different grounds. View "Weld County v. Ryan" on Justia Law

Plaintiff Van Sant & Co. (Van Sant) owned and operated a mobile home park in Calhan, Colorado, for a number of years. In 2018, Van Sant began to publicly explore the possibility of converting its mobile home park to an RV park. In October 2018, Calhan adopted an ordinance that imposed regulations on the development of new RV parks, but also included a grandfather clause that effectively exempted the two existing RV parks in Calhan, one of which was connected to the grandparents of two members of Calhan’s Board of Trustees (Board) who voted in favor of the new RV park regulations. Van Sant subsequently filed suit against Calhan, several members of its Board, the owners of one of the existing RV parks, and other related individuals. asserting antitrust claims under the Sherman Act, as well as substantive due process and equal protection claims under 42 U.S.C. § 1983. The defendants successfully moved for summary judgment. Van Sant appealed, but finding no reversible error, the Tenth Circuit affirmed. View "Van Sant & Co. v. Town of Calhan, et al." on Justia Law

Plaintiffs—five individuals and the California Rifle & Pistol Association, Inc.—filed this action in the Southern District of California challenging the constitutionality of Section 32310 under the Second Amendment. On September 22, 2023, the district court issued an order declaring Section 32310 “unconstitutional in its entirety” and enjoining California officials from enforcing the law. Defendant Rob Bonta, the Attorney General of California, filed an emergency motion for a partial stay pending appeal. The Attorney General seeks to stay “all portions of the order except those regarding Sections 32310(c) and (d), which relate to large-capacity magazines that were acquired and possessed lawfully prior to the district court’s order granting a permanent injunction.”   The Ninth Circuit granted the motion. First, the court concluded that the Attorney General is likely to succeed on the merits. The court explained that the Attorney General makes strong arguments that Section 32310 comports with the Second Amendment under Bruen. Second, the Attorney General has shown that California will be irreparably harmed absent a stay pending appeal by presenting evidence that large-capacity magazines pose significant threats to public safety. Third, it does not appear that staying portions of the district court’s order while the merits of this appeal are pending will substantially injure other parties interested in the proceedings. Finally, the court concluded that the public interest tips in favor of a stay. View "VIRGINIA DUNCAN, ET AL V. ROB BONTA" on Justia Law

While riding a bicycle, Plaintiff ran into an open car door being operated by a recruiter for the U.S. Marines. Plaintiff brought a claim for negligence against the United States, pursuant to the Federal Tort Claims Act. The district court found the United States liable but concluded Plaintiff was also negligent and, therefore, partially liable.On appeal, the Second Circuit found that the evidence of Plaintiff's negligence was "dubious," and, even if Plaintiff was negligent, the district court failed to make the findings necessary to any holding that the plaintiff’s negligent conduct sufficiently caused the collision so as to make Plaintiff 40% responsible for the damages. View "Dooley v. United States" on Justia Law

Parents Defending Education, an association of parents, brought this action to challenge a policy adopted by the Linn Mar Community School District in Iowa. The disputed policy is entitled “Administrative Regulations Regarding Transgender and Students Nonconforming to Gender Role Stereotypes.” The policy sets forth regulations for the District that “address the needs of transgender students, gender-expansive students, nonbinary, gender nonconforming students, and students questioning their gender to ensure a safe, affirming, and healthy school environment where every student can learn effectively.” The parents who seek to participate in this case are anonymous; the pleadings identify them by a letter of the alphabet. The district court determined that Parents Defending failed to establish Article III standing because the organization did not show injury, causation, or redressability on its claims.   The Eighth Circuit dismissed the appeal in part as moot and reversed on one claim. The court concluded that at least Parent G has alleged an injury in fact sufficient to confer Article III standing. Parent G asserts that her son wants to “state his belief that biological sex is immutable.” Because of the policy, however, Parent G states that her son remains silent in school “when gender identity topics arise” to avoid violating the policy. This student’s proposed activity “concerns political speech” and is “arguably affected with a constitutional interest.” Thus, Parent G has standing to bring a claim challenging the policy based on the First Amendment. Therefore, Parents Defending has standing as an association to pursue the claim on behalf of a member. View "Parents Defending Education v. LinnMar Community School Dist., et al" on Justia Law

Acting under enhanced powers to act in an emergency under RCW 43.06.220 and related statutes, the Washington Governor Inslee imposed a moratorium on evicting people from their homes for failing to pay rent from March 2020 through June 2021. The Washington Supreme Court was asked whether this eviction moratorium was lawful. The Court concluded that it was and affirmed the courts below. View "Gonzales v. Inslee" on Justia Law

The Board of Trustees of the North Dakota Public Employees Retirement System petitioned the North Dakota Supreme Court seeking declaratory relief and a writ of injunction, challenging N.D.C.C. § 54-52-03 and section 41 of S.B. 2015 (2023), enacted by the 68th Legislative Assembly, both of which provided for the appointment of sitting legislators to the Board. The Board claimed the law placing legislators on the Board violated N.D. Const. art. IV, § 6; violated the separation of powers between branches of government and encroached on the powers of the executive branch in violation of articles IV, V and XI of the Constitution; violated the common-law rule against incompatibility of office; and violated the single subject rule of N.D. Const. art. IV, § 13. The Supreme Court concluded section 41 of S.B. 2015 violated article IV, § 13 of the North Dakota Constitution, and invalidated S.B. 2015. Because the constitutional “single subject” rule was dispositive, it was unnecessary to address the Board’s remaining claims. View "Bd. of Trustees of N.D. Public Employees Retirement System v. North Dakota" on Justia Law