Justia Government & Administrative Law Opinion Summaries

The case involves an executive order issued by President Trump, which excluded over 40 federal agencies and subdivisions from collective bargaining requirements, citing national security concerns. The plaintiffs, six unions representing federal employees, argued that the executive order constituted First Amendment retaliation, was ultra vires, violated Fifth Amendment procedural due process, abrogated contractual property rights, and violated the Equal Protection component of the Fifth Amendment.The Northern District of California granted a preliminary injunction against the executive order, focusing on the First Amendment retaliation claim. The district court found that the plaintiffs had raised serious questions about whether the order was retaliatory, citing statements from a White House Fact Sheet that criticized federal unions. The court concluded that the balance of hardships and public interest favored the plaintiffs, as the order threatened union operations and collective bargaining rights.The United States Court of Appeals for the Ninth Circuit reviewed the government's request for an emergency stay of the district court's preliminary injunction. The Ninth Circuit granted the stay, finding that the government was likely to succeed on the merits of the retaliation claim. The court concluded that the executive order and the accompanying Fact Sheet demonstrated a focus on national security, and that the President would have issued the order regardless of the plaintiffs' protected conduct. The court also found that the government would suffer irreparable harm without a stay, as the injunction impeded the government's ability to manage national security-related functions. The court determined that the public interest favored granting the stay to preserve the President's authority in national security matters. View "American Federation of Government Employees v. Trump" on Justia Law

A dispute arose between the National Association of Broadcasters (NAB) and the Federal Communications Commission (FCC) regarding a rule requiring broadcasters to disclose if any programming was paid for by a foreign governmental entity. The FCC's 2021 Rule mandated such disclosures and included specific diligence steps for broadcasters to follow. NAB challenged the rule, leading to a court decision that vacated part of the rule requiring broadcasters to search federal databases.The FCC then issued a revised rule in 2024, which retained the core disclosure requirements but modified the diligence steps. The new rule exempted commercial ads and political candidate ads from the disclosure requirement but included paid public service announcements (PSAs) and issue advertisements. NAB challenged the 2024 Rule, arguing it violated the Administrative Procedure Act (APA) and the First Amendment, and exceeded the FCC's statutory authority.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court found that the 2024 Rule complied with the APA's notice-and-comment requirements and was neither arbitrary nor capricious. The court also held that the rule did not violate the First Amendment, as it was narrowly tailored to serve a significant governmental interest in preventing foreign influence in U.S. broadcasting. The court further determined that the FCC did not exceed its statutory authority with the reasonable diligence requirements, as the rule did not directly regulate lessees but required broadcasters to seek information from them.Ultimately, the court denied NAB's petition for review, upholding the FCC's 2024 Rule. View "National Association of Broadcasters v. FCC" on Justia Law

The case involves the Environmental Protection Agency (EPA) implementing a cap-and-trade program to reduce hydrofluorocarbons (HFCs) as mandated by the American Innovation and Manufacturing (AIM) Act of 2020. The AIM Act requires an 85% reduction in HFC production and consumption by 2036. The EPA issued a rule in 2021 to allocate allowances for 2022 and 2023 based on historical market share data from 2011 to 2019. In 2023, the EPA issued a new rule for 2024-2028, again using the same historical data.The petitioners, RMS of Georgia, LLC (Choice) and IGas Holdings, Inc. (IGas), challenged the 2024 Rule. Choice argued that the AIM Act violated the nondelegation doctrine by giving the EPA too much discretion in allocating allowances. IGas contended that the EPA's exclusion of 2020 data from its market-share calculations was arbitrary and capricious.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court first addressed Choice's argument, holding that the AIM Act did not unconstitutionally delegate legislative power because it provided sufficient guidance to the EPA, modeled on previous cap-and-trade programs under the Clean Air Act. The court found that Congress intended for the EPA to allocate allowances based on historical market share, providing an intelligible principle to guide the agency's discretion.Regarding IGas's challenge, the court found that the EPA's decision to exclude 2020 data was reasonable. The EPA determined that 2020 data was unrepresentative due to the COVID-19 pandemic and supply chain disruptions and that including it could disrupt the market. The court held that the EPA's methodology was not arbitrary and capricious, as the agency provided a rational explanation for its decision.The court denied both petitions for review, upholding the EPA's 2024 Rule. View "IGas Holdings, Inc. v. EPA" on Justia Law

Nathaniel Deckard, an inmate at the Nebraska State Penitentiary, filed a mandamus action against the Nebraska Board of Parole, alleging that the Board had a clear ministerial duty under the 1971 statutes to provide him with a parole discharge date. Deckard was convicted in 1974 of second-degree murder and sentenced to life imprisonment, with an additional 10-year sentence for escape, to be served concurrently. He was initially released on parole after 12½ years but had his parole revoked in 1995 and again in 2022. Deckard argued that under the statutes and Board practices in effect at the time of his conviction, he should have been discharged from parole after 2 to 3 years of good behavior.The district court for Lancaster County denied Deckard’s petition, finding that the Board had no clear ministerial duty to determine a parole discharge date for an inmate serving a life sentence. The court noted that the 1971 statutes provided the Board with discretion regarding parole discharge and that the 2018 statutory amendments, which introduced a mathematical formula for determining parole discharge, did not apply to life sentences as they are indefinite and cannot be quantified in numerical terms.The Nebraska Supreme Court affirmed the district court’s decision, holding that neither the 1971 nor the 2018 statutes created an absolute ministerial duty for the Board to set a mandatory parole discharge date for Deckard. The court also rejected Deckard’s ex post facto argument, concluding that the 2018 amendments did not increase his punishment or affect his parole eligibility. The court emphasized that there is no constitutional or inherent right to be conditionally released before the expiration of a valid sentence and that Deckard’s life sentence precludes a mandatory parole discharge date. View "Deckard v. Cotton" on Justia Law

Seth Hettena, an investigative journalist, submitted a Freedom of Information Act (FOIA) request to the Central Intelligence Agency (CIA) for a report on the death of an Iraqi national, Manadel al-Jamadi, who died in CIA custody at Abu Ghraib prison in 2003. The CIA disclosed parts of the report but redacted most of it, including the Office of Inspector General's (OIG) conclusions and recommendations. Hettena sued the CIA, arguing that the redactions did not comply with FOIA.The United States District Court for the District of Columbia reviewed the case and granted summary judgment in favor of the CIA, concluding that the redactions were justified under FOIA exemptions. The court found that the redacted information pertained to the CIA's intelligence activities, sources, and methods, which are protected under FOIA Exemptions 1 and 3.The United States Court of Appeals for the District of Columbia Circuit reviewed the district court's decision de novo. The appellate court agreed that most of the redactions were justified, as they contained information about CIA covert personnel, intelligence methods, and locations of Agency facilities. However, the court found that the CIA had not adequately justified the redactions related to the OIG's findings on potential obstruction by CIA officers. The court noted that the CIA's declaration and Vaughn index did not address these findings, and it was unclear why disclosing them would reveal protected information.The appellate court also found that factual questions remained regarding whether the redactions contained information that the CIA had already officially acknowledged, such as references to a "hood" or "head cover." The court vacated the district court's judgment and remanded the case for further proceedings, allowing the CIA another opportunity to explain its redactions and potentially develop the record further. View "Hettena v. CIA" on Justia Law

Plaintiffs, including Mike Yoder and his company Drone Deer Recovery, LLC (DDR), along with hunter Jeremy Funke, challenged a Michigan law that bans the use of drones to hunt or collect downed game. DDR uses drones equipped with infrared cameras to locate downed game and provide hunters with GPS coordinates. Plaintiffs argued that the law prevents DDR from operating in Michigan, violating their First Amendment rights to create, disseminate, and receive information.The United States District Court for the Western District of Michigan dismissed the complaint, holding that Plaintiffs lacked standing and failed to state a claim. The court found that the law did not prohibit the dissemination of location information but only the use of drones to locate game, which it deemed non-speech conduct. The court also concluded that the alleged injury was not redressable because the law would still prohibit drone use even if the requested injunction was granted.The United States Court of Appeals for the Sixth Circuit reviewed the case and found that Plaintiffs had standing but failed to state a claim. The court determined that Plaintiffs' intended conduct of using drones to create and share location information was arguably affected with a constitutional interest and that there was a credible threat of enforcement under the Michigan law. However, the court applied intermediate scrutiny, finding the law content-neutral and justified by substantial governmental interests in conservation and fair-chase hunting principles. The court concluded that the law was narrowly tailored to achieve these interests and did not violate the First Amendment.The Sixth Circuit affirmed the district court's dismissal of the complaint, holding that Plaintiffs failed to state a claim on which relief could be granted. View "Yoder v. Bowen" on Justia Law

Liquid Hospitality, LLC, doing business as Windbreak Saloon, holds a liquor license from the City of Fargo. On August 18, 2023, Windbreak staff removed an intoxicated patron who later drove away and was involved in a single-vehicle accident. The patron had a blood alcohol concentration of 0.291 and was arrested for driving under the influence. The Fargo Police Department investigated and reviewed surveillance footage, which showed the patron being served multiple drinks and exhibiting signs of intoxication. The Windbreak was notified of a hearing before the Liquor Control Board for a possible violation of Fargo Municipal Code (F.M.C.) § 25-1509.2, which prohibits serving alcohol to intoxicated or impaired persons.The Liquor Control Board held a hearing on October 24, 2023, and determined that the Windbreak violated F.M.C. § 25-1509.2, recommending a $500 administrative penalty. The Windbreak appealed to the Board of City Commissioners of the City of Fargo, which upheld the Liquor Control Board's decision. The Windbreak then appealed to the district court.The district court requested additional briefing on the constitutionality of F.M.C. § 25-1509.2 and ultimately found the ordinance unconstitutionally vague, reversing the Commission's order. The court did not address whether the Commission acted arbitrarily, capriciously, or unreasonably, or whether their decision lacked substantial evidence. The Commission appealed to the North Dakota Supreme Court.The North Dakota Supreme Court reviewed the case de novo and concluded that F.M.C. § 25-1509.2 is not unconstitutionally vague. The court found that the ordinance provides adequate warning of prohibited conduct and creates minimum guidelines for enforcement. The court also determined that the Commission's decision was supported by substantial evidence and was not arbitrary, capricious, or unreasonable. The district court's judgment was reversed. View "Liquid Hospitality v. Bd. of City Commissioners of the City of Fargo" on Justia Law

Plaintiffs-Appellants, owners of bonds issued by the Puerto Rico Sales Tax Financing Corporation (COFINA), sued the United States, alleging a taking of their property under the Fifth Amendment due to the enactment of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA). They claimed that the restructuring of COFINA's debts under PROMESA resulted in a significant loss of the principal and interest value of their bonds and their security interest.The United States Court of Federal Claims determined it had subject matter jurisdiction over the case but dismissed it for failure to state a claim. The court found that the enactment of PROMESA by Congress did not constitute sufficient federal government action to support a takings claim. The court reasoned that the actions of the Puerto Rico Oversight Board, which was created by PROMESA and acted autonomously, could not be attributed to the United States as coercive or as an agency relationship.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the decision of the Claims Court. The Federal Circuit held that PROMESA did not displace Tucker Act jurisdiction, as there was no clear congressional intent to withdraw the Tucker Act remedy. The court also agreed with the Claims Court that the United States did not exert coercive control over the Oversight Board's actions, which were necessary to establish a taking. The court concluded that the plaintiffs could not establish that the United States was liable for the alleged taking of their property. The court also found no abuse of discretion in the Claims Court's decision to deny the plaintiffs' request to amend their complaint. View "DINH v. US " on Justia Law

In 1996, California voters enacted Proposition 218, adding article XIII D to the California Constitution, which includes section 6(b)(3). This section mandates that governmental fees or charges imposed on property must not exceed the proportional cost of the service attributable to the parcel. Plaintiffs, representing a class of single-family residential (SFR) customers of the City of San Diego, challenged the City's tiered water rates, claiming they violated section 6(b)(3) by exceeding the proportional cost of delivering water.The Superior Court of San Diego County ruled in favor of the plaintiffs, finding that the City's tiered rates did not comply with section 6(b)(3). The court concluded that the City failed to show that its tiered rates were based on the actual cost of providing water at different usage levels. The court found that the City's tiered rates were designed to encourage conservation rather than reflect the cost of service, and that the City's use of peaking factors and other methodologies lacked supporting data.The Court of Appeal of the State of California, Fourth Appellate District, Division Two, reviewed the case. The court affirmed the lower court's decision, holding that the City did not meet its burden of proving that its tiered rates complied with section 6(b)(3). The appellate court found that substantial evidence supported the trial court's findings that the City's tiered rates were not cost-proportional and that the City's methodologies were not adequately supported by data. The court also addressed the issue of class certification, finding that the class was properly certified and that the plaintiffs had a common interest in challenging the City's rate structure.The appellate court directed the trial court to amend the judgment to allow the City to satisfy the refund award pursuant to newly enacted Government Code section 53758.5, which requires agencies to credit refund awards against future increases in or impositions of the property-related charge. The court denied the plaintiffs' request for attorney fees on appeal without prejudice, allowing the trial court to determine the entitlement to such fees. View "Patz v. City of S.D." on Justia Law

Sun Valley Orchards, a New Jersey farm, was accused by the U.S. Department of Labor (DOL) of breaching an employment agreement under the H-2A nonimmigrant visa program. The DOL alleged that Sun Valley failed to provide adequate housing, meal plans, transportation, and guaranteed work hours to its workers, as stipulated in the job order. The DOL imposed civil penalties and back wages totaling hundreds of thousands of dollars through administrative proceedings.The case was first reviewed by an Administrative Law Judge (ALJ), who affirmed most of the DOL's findings but slightly modified the penalties and back wages. Sun Valley then appealed to the Administrative Review Board, which upheld the ALJ's decision. Subsequently, Sun Valley challenged the DOL's decision in the United States District Court for the District of New Jersey, arguing that the administrative proceedings violated Article III of the Constitution, among other claims. The District Court dismissed Sun Valley's claims, holding that the DOL's actions fit within the public-rights doctrine and that the agency had statutory authority to impose penalties and back wages.The United States Court of Appeals for the Third Circuit reviewed the case and held that Sun Valley was entitled to have its case decided by an Article III court. The court found that the DOL's enforcement action resembled a common law breach of contract suit, which traditionally would be heard in a court of law. The court also determined that the case did not fit within the public rights exception to Article III adjudication, as the H-2A labor certification regulations primarily concern domestic employment law rather than immigration control. Consequently, the Third Circuit reversed the District Court's decision and remanded the case with instructions to enter judgment in favor of Sun Valley. View "Sun Valley Orchards LLC v. United States Department of Labor" on Justia Law