Justia Government & Administrative Law Opinion Summaries
Articles Posted in U.S. Court of Appeals for the District of Columbia Circuit
Continental Resources, Inc. v. Jewell
Continental extracts gas from leased federal land and pays royalties to the Interior Department. An agency within the Interior Department began an administrative proceeding against Continental by issuing an order demanding more than $1.7 million in additional royalties. The district court subsequently dismissed Continental's suit for judicial review of the Department's decision. At issue is whether Continental filed its action more than 180 days after its “receipt of notice” of Interior’s “final decision” pursuant to 30 U.S.C. 1724(j) & (h)(2)(B). The court held that because Continental could not have known the date of final agency action until July 29, 2013, receipt of notice could not have occurred before then. Therefore, the court concluded that Continental's complaint was timely. The court reversed and remanded for further proceedings. View "Continental Resources, Inc. v. Jewell" on Justia Law
USAF v. FLRA
After the FLRA ordered the Air Force to bargain collectively with its civilian employees over access to an on-base shopette, the Air Force challenged the decision arguing that the issue is not a proper subject of bargaining. The court agreed with the Air Force that Congress has given the military unfettered discretion to determine whether civilians may patronize commissaries and exchanges, though for reasons that are slightly different from those offered by the Air Force. Given the relevant legislative directives, the court cannot imagine that Congress intended to empower a civilian agency like the Federal Labor Relations Authority to second-guess the military’s judgment about non-military access to commissaries and exchanges. In this case, by requiring negotiation over the Shoppette proposal, the Authority has similarly second-guessed the Secretary’s judgment in deciding how best to use a military benefit to achieve military purposes. Therefore, the court held that civilian access to commissaries and exchanges is not a proper subject of collective bargaining because Congress has vested the military with “unfettered discretion” over the matter. Accordingly, the court granted the petition for review and vacated the Authority's order. View "USAF v. FLRA" on Justia Law
Judicial Watch v. Kerry
This appeal arises from efforts to recover Secretary of State Clinton's private emails during her time at the State Department. Although the current Secretary (with the help of the National Archivist) has made efforts to recover those emails, neither the Secretary nor the Archivist has asked the Attorney General to initiate enforcement proceedings, as provided for in the Federal Records Act, 44 U.S.C. 3105(1). Appellants Judicial Watch and Cause of Action filed suit for agency action unlawfully withheld in violation of Section 706(1) of the Administrative Procedure Act (APA), 5 U.S.C. 706(1). The district court dismissed the suits as moot. The court concluded that, because the current Secretary and Archivist have neither asked the Attorney General for help nor shown that such a request could not lead to recovery of additional emails, the suits were not moot. Accordingly, the court reversed the judgment. The court remanded the case so that the district court can consider the merits in the first instance. View "Judicial Watch v. Kerry" on Justia Law
Crooks v. Mabus, Jr.
Plaintiff, a retired Major in the Marine Corps and a certified NJROTC instructor, filed suit after he was decertified to contest his removal from the NJROTC program. The district court granted summary judgment to the Navy. The court found no merit in plaintiff's contention that the regulation on which the Navy relied to revoke his certification is unconstitutionally vague; that the Navy denied him due process because it failed to accord him adequate notice and opportunity to be heard when determining whether he should be permitted to continue to serve as a NJROTC instructor; and that the Navy’s decertification decision was arbitrary and capricious and unsupported by substantial evidence. Accordingly, the court affirmed the judgment. View "Crooks v. Mabus, Jr." on Justia Law
Sears Roebuck Co. v. USPS
After the Postal Service determined that appellants were ineligible for a discounted rate for folded self-mailers, the Postal Service assessed revenue deficiencies for over $1.25 million. The Postal Service determined that appellants were ineligible for the discounted rate because their mailers, which exceeded seven inches in length, had been sealed only on the left edges, and not on the top and bottom edges. The PCSC upheld the assessments. Appellants then filed suit in district court to overturn the PCSC's decision, but the district court affirmed. The court found no inconsistency in the Postal Service’s interpretation of the Domestic Mail Manual. The court also found that the Postal Service’s interpretation of the sealing requirements is perfectly consistent with the terms of the Manual and entirely reasonable. Accordingly, the court denied appellants' challenges and affirmed the judgment. However, the court reversed and vacated the district court's award of surcharges after the government confessed error. View "Sears Roebuck Co. v. USPS" on Justia Law
Hardaway v. District of Columbia Housing Authority
Under the Department of Housing and Urban Development’s (HUD) Housing Choice Voucher Program, 42 U.S.C. 1437f, housing agencies use HUD funds to issue housing subsidy vouchers based on family size. The Montgomery County, Maryland Housing determined, based on a medical form, that Angelene has a disability and requires a live-in aide. HUD regulations mandate that any approved live-in aide must be counted in determining family size. The Commission issued Angelene a two-bedroom voucher. Angelene’s sister was Angelene’s live-in aide. Angelene decided to move to the District of Columbia. Program vouchers are portable. Angelene obtained a two-bedroom voucher from the D.C. Housing Authority. The sisters moved into a two-bedroom District apartment. Within weeks, they received a letter revoking Angelene’s right to a live-in aide and her legal entitlement to a two-bedroom voucher. They sued, citing the Americans with Disabilities Act, 42 U.S.C. 12132, Rehabilitation Act, 29 U.S.C. 794, and Fair Housing Act, 42 U.S.C. 3604(f)(1). The court denied motions for a temporary restraining order and to seal their complaint, medical records, and “nondispositive materials.” While the case was pending, the Authority sent another letter reaffirming that Angelene’s request for a live-in aide was denied, but stating that the decision did not reverse the two-bedroom voucher. The court dismissed, finding no allegation of injury-in-fact. The D.C. Circuit reversed with respect to the motion to seal and the dismissal. At the pleadings stage, plaintiff’s allegation that the government denied or revoked a benefit suffices to show injury-in-fact. Angelene’s loss of a statutory entitlement traces directly to the Authority’s letter and would be redressed by a court order to approve her aide request. View "Hardaway v. District of Columbia Housing Authority" on Justia Law
Silver State Land, LLC v. Schneider
Henderson, Nevada executed an agreement with Developer to construct sports venues on 480 acres of federally-owned public land. The city requested the Bureau of Land Management in the Department of Interior to convey the land to Developer. After completion of the project, Developer was to transfer ownership of the land and the sports complex to the city; the city would lease back the venues to Developer. The Bureau agreed to conduct a modified competitive sealed-bid auction, so that Developer had the right to match the highest bid. After the bidding, Developer paid the balance and requested the land patent for recording. Within hours after the funds transferred to the Bureau, Developer terminated its agreement with Henderson. Henderson requested the Bureau to cancel the sale and sued Developer. The parties settled. Developer agreed to give the city $4.25 million after it recorded the patent and not to pursue any development in Henderson. The city agreed to withdraw its objection. The Department determined that the Bureau should not release a patent for the land. Developer alleged violation of the Federal Land Policy and Management Act by canceling the sale more than 30 days after it paid for the land. The district court held that the Secretary had plenary power to terminate the sale because its consummation would have been contrary to law, given that the Bureau had authorized a modified land auction, only because of the anticipated public benefits. The D.C. Circuit affirmed, rejecting a claim that the Secretary’s action was arbitrary. The auction sale was rendered unlawful when Developer terminated the agreement; it did not suffer a due process violation because it never acquired a property interest in the land. View "Silver State Land, LLC v. Schneider" on Justia Law
Borgess Medical Center v. Burwell
In 1973, two Kalamazoo, Michigan hospitals formed a consortium to manage their health education programs and to train interns and residents. In the 1980s, they joined Michigan State University to form the Michigan State University Kalamazoo Center for Medical Studies (KCMS). KCMS administered graduate medical programs for residency programs for the hospitals. The hospitals agreed to incur “joint and equal responsibility for providing [KCMS] with sufficient financing to carry out its programs as negotiated on a yearly basis.” KCMS also received patient-care revenue, support from Michigan State University, and funds from contracts and grants. The hospitals sought reimbursement on their Medicare cost reports (42 U.S.C. 1395ww(h)) during fiscal years 2000–2004 for costs incurred for residents’ training at KCMS’s nonhospital clinics. The Centers for Medicare and Medicaid Services found that the hospitals failed to show they incurred all or substantially all of the costs of their residency programs and that they failed to comply with a requirement of a written agreement detailing the financing of their offsite programs. The district court and D.C. Circuit affirmed the denials of reimbursement, rejecting an argument that the “written agreement” requirement was satisfied by a collection of documents executed over the years. None of the documents met the regulatory criteria. View "Borgess Medical Center v. Burwell" on Justia Law
Safari Club International v. Jewell
The Service has long allowed American hunters who shoot Tanzanian elephants to repatriate their trophies because, according to the Service, doing so “would not be detrimental to the survival of the species.” However, in 2014, the Service changed course and indefinitely suspended issuance of import permits due in part to a “significant decline in Tanzania’s elephant population.” Two organizations representing hunters challenged the suspension in district court as substantively and procedurally flawed. The district court dismissed for lack of final agency action and failure to exhaust administrative remedies. The court concluded that the de facto permit denial gives Safari Club Article III standing. The court also rejected the Service's claims of mootness and concluded that the relief Safari Club seeks extends well beyond the two 2014 findings. Because Safari Club is unable to fully litigate a challenge to the findings underlying the suspension without taking on risk that the permitting scheme is designed to avoid, the controversy evades review. Finally, the court rejected the Service's arguments regarding finality and exhaustion. Accordingly, the court reversed and remanded. View "Safari Club International v. Jewell" on Justia Law
USPS v. PRC
The Postal Service contends that the Commission’s action denying its parcel reclassification request was arbitrary and capricious under the Administrative Procedure Act (APA), 5 U.S.C. 706(2)(A), for failing to acknowledge, much less explain, its decision to depart from precedent granting similar requests. The court found, in the challenged order, that the Commission neither acknowledged a change in course nor explained it. Accordingly, the court granted the petition for review and remanded to the Commission for further proceedings. View "USPS v. PRC" on Justia Law