Justia Government & Administrative Law Opinion Summaries

The Department of Industrial Relations, Division of Occupational Safety and Health (the Division) issued a citation to Granite Construction Company/Granite Industrial, Inc. (Granite Construction) for allegedly violating three regulations relevant here. One was that the company required its employees to wear masks without first providing a medical evaluation to determine their fitness to wear them. And the Division alleged the company violated two other regulations because it exposed its employees to dust containing a harmful fungus— namely, Coccidioides, the fungus that causes Valley fever—and failed to implement adequate measures to limit this exposure. After Granite Construction disputed these allegations, an administrative law judge (ALJ) rejected the Division’s claims. The ALJ reasoned that no credible evidence showed that Granite Construction required its employees to wear masks and no reliable evidence showed that Coccidioides was present at the worksite. But after the Division petitioned for reconsideration, the Occupational Safety and Health Appeals Board (the Board) reversed on these issues and ruled for the Division. The trial court later denied Granite Construction’s petition for writ of administrative mandate seeking to set aside the Board’s decision. The Court of Appeal reversed: the Court agreed insufficient evidence showed its employees were exposed to Coccidioides. But the Court rejected its additional claim that it allowed (rather than required) its employees to wear masks, finding sufficient evidence supported the Board’s contrary ruling on this point. View "Granite Construction Co. v. CalOSHA" on Justia Law

At a dispositional hearing, a juvenile court placed R.Q. (minor) with her biological father, C.H. On appeal, defendant-appellant, K.Q. (presumed father), contended the court abused its discretion in placing minor with C.H. Plaintiff-respondent, San Bernardino County Children and Family Services (the department), received a referral alleging physical abuse to R.Q. by A.P. (stepmother). Minor disclosed stepmother had choked her and pulled her hair. The family had an open, voluntary family maintenance plan due to stepmother hitting minor. The department had also received a previous referral alleging physical abuse to minor by stepmother. A.H., minor’s biological mother (mother), did not live in the home. The social worker spoke to minor and R.Q.2, the biological daughter of presumed father and mother, who both reported incidents of physical abuse by stepmother. Despite stepmother and presumed father both denying the allegations, the department took minor into protective custody pursuant to a warrant. The department filed a Welfare and Institutions Code section 3001 petition alleging mother and presumed father failed to protect minor from physical abuse; that mother and presumed father had substance abuse problems; and that mother had an untreated mental illness. C.H. indicated he had not found out about minor's birth until she was two years old. After paternity testing, supervised visits and ultimately a social worker review, at a dispositional hearing, it was recommended the minor be placed with C.H. Presumed father contended the court abused its discretion in placing minor with C.H. The department agreed that a juvenile court did not have authority under Welfare and Institutions Code section 361.2 to place a child with a “mere biological parent”; however, the department maintained that a juvenile court has discretion to order such a placement under its broad authority to act in a child’s best interest. Thus, the department argued the court acted within its discretion in placing minor with C.H. To this the Court of Appeal agreed with the department and affirmed the court order placing the child with her biological father. View "In re R.Q." on Justia Law

The Supreme Court reversed the order of the circuit court denying Petitioner's requested writ of mandamus against Respondent, the Commissioner of the West Virginia Division of Corrections and Rehabilitation, holding that the circuit court erred in denying a writ of mandamus.In his self-represented petition for a writ of mandamus Petitioner asserted that the Commissioner had a duty to "develop a policy directive and/or operational procedure" that was in compliance with W. Va. Code 15A-4-17(i), which was passed during the 2018 legislative session. The circuit court denied the requested writ. The Supreme Court reversed, holding (1) section 15A-4-17(i)(2) imposed upon the Commissioner a clear legal duty to adopt a written policy effectuating the purposes of "this subsection," which included the entirety of subsection (i); and (2) Petitioner had no other adequate remedy at law. View "Freeland v. Marshall" on Justia Law

Kari Lake and Mark Finchem (“Plaintiffs”), the Republican nominees for Governor and Secretary of State of Arizona, filed this action before the 2022 general election, contending that Arizona’s use of electronic tabulation systems violated the federal Constitution. The district court dismissed their operative first amended complaint for lack of Article III standing. Lake v. Hobbs. Plaintiffs’ candidacies failed at the polls, and their various attempts to overturn the election outcome in state court have to date been unavailing. On appeal, they no longer seek any relief concerning the 2022 election but instead seek to bar use of electronic tabulation systems in future Arizona elections.   The Ninth Circuit agreed with the district court that Plaintiffs’ “speculative allegations that voting machines may be hackable are insufficient to establish an injury in fact under Article III. The court explained that even assuming Plaintiffs could continue to claim standing as prospective voters in future elections, they had not alleged a particularized injury and therefore failed to establish the kind of injury Article III requires. None of Plaintiffs’ allegations supported a plausible inference that their individual votes in future elections will be adversely affected by the use of electronic tabulation, particularly given the robust safeguards in Arizona law, the use of paper ballots, and the post-tabulation retention of those ballots. The panel concluded that speculative allegations that voting machines may be hackable were insufficient to establish an injury, in fact, under Article III. View "KARI LAKE, ET AL V. ADRIAN FONTES, 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

Catholic Health System of Long Island (“CHS”) brings this interlocutory appeal challenging the denial of its motion to dismiss a qui tam action brought by a former employee (“Relator”) on behalf of the United States and the State of New York under the federal False Claims Act (“FCA”), and the New York False Claims Act (“NYFCA”). According to Relator, CHS and certain of its affiliates falsely certified their compliance with federal law, in violation of the FCA and NYFCA, when they submitted Medicare and Medicaid reimbursement claims without disclosing their ongoing violations of 42 U.S.C. Section 1320a-7b(a)(4) (the “Benefits Conversion Statute”). After the Department of Justice and the New York Attorney General declined to intervene in the suit, the district court denied CHS’s motion to dismiss these claims but granted its motion to certify an interlocutory appeal pursuant to 28 U.S.C. Section 1292(b) on the grounds that the case presented an issue of first impression.   The Second Circuit reversed. The court held that the Benefits Conversion Statute is not violated where, as here, the recipient of a reimbursement payment is under no obligation to utilize the funds in any particular way, Relator has failed to plead an FCA or NYFCA claim. The court explained that because the Medicare and Medicaid payments at issue here were reimbursements for services already provided, with no forward-looking conditions that they be used in any particular way, Defendants’ alleged conduct did not violate the Benefits Conversion Statute. Relator’s claims based on section 1320a-7b(a)(4) therefore fail as a matter of law. View "U.S. ex rel. Quartararo v. Cath. Health Sys. of Long Island Inc." on Justia Law

The Illinois Cable and Video Competition Law requires operators to obtain statewide authorization and become a “holder” and requires anyone who wants to provide cable or video service to obtain permission from state or local authorities and pay a fee, as a condition of using public rights of way. In recent years traditional cable services have been supplemented or replaced by streaming services that deliver their content through the Internet. East St. Louis, contending that all streaming depends on cables buried under streets or strung over them, sought to compel each streaming service to pay a fee. None of the defendants were “holders.” A magistrate dismissed the complaint, concluding that only the Attorney General of Illinois is authorized to sue an entity that needs but does not possess, “holder” status.The Seventh Circuit affirmed, first concluding that it had jurisdiction under 28 U.S.C. 1332(a). Normally the citizenship of any entity other than a corporation depends on the citizenship of its partners and members but, under section 1332(d), part of the Class Action Fairness Act, an unincorporated entity is treated like a corporation. The court then held that the statutory system applies to any “cable service or video service” and the defendants do not offer either. If “phone calls over landline cables, electricity over wires, and gas routed through pipes are not trespasses on the City’s land— and they are not—neither are the electrons that carry movies and other videos.” View "City of East St. Louis v. Netflix, Inc." 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

New York brought this action against the National Marine Fisheries Service—the federal agency responsible for the summer flounder fishery—and several related federal entities. New York argues the current quotas fail to account for the long-term movement of summer flounder northward, closer to New York’s shores. New York claims the quotas violate the Magnuson-Stevens Act as well as the Administrative Procedure Act. The district court rejected that argument; it granted summary judgment to the Fisheries Service.   The Second Circuit affirmed, concluding that in setting each state’s summer flounder quotas, the Fisheries Service properly weighed the relevant statutory considerations. The court explained that the NMFS adopted a rule that sought to “balance preservation of historical state access and infrastructure at recent quota levels, with the intent to provide equitability among states when the stock and quota are at higher levels.” The court explained that it could not say that this adjustment to the previous rule—the result of balancing ten different national standards—lacked a rational basis articulated in the administrative record. The court therefore concluded that the NMFS did not violate the MSA or the APA when it set summer flounder quotas through the 2020 Allocation Rule. View "State of New York v. Raimondo" on Justia Law

Petitioners, a group of five individuals, filed this petition for review, claiming that the FAA violated the National Environmental Policy Act (“NEPA”) during its Phase II approval process. Petitioners assert that the FAA violated NEPA by (1) segmenting its review of a single Airport development project into multiple, smaller projects to make the project’s environmental effect appear less significant, (2) failing to consider the project’s cumulative effects, and (3) failing to analyze all air quality impacts. The FAA responds that, as an initial matter, Petitioners cannot bring this petition for review because they lack standing and did not exhaust their administrative remedies. Alternatively, the FAA contends that it did not violate NEPA, and the petition for review should be denied.   The Eleventh Circuit denied the petition. The court held that Petitioners have standing and did not fail to exhaust their administrative remedies. Petitioners, however, fall short on the merits because it is clear that the FAA satisfied NEPA’s requirements. The court explained that Petitioners are unhappy that the FAA greenlighted Phase II (as well as the Airport developments preceding Phase II). However, the court does not vacate agency decisions over mere policy disagreements. Accordingly, the court held that the FAA did what it was supposed to do, and its review processes were not arbitrary and capricious. View "John S. Lowman, IV, et al v. Federal Aviation Administration, et al" on Justia Law