Justia Government & Administrative Law Opinion Summaries

The case involves a dispute between a railroad company and La Plata County over land use changes made by the railroad at its Rockwood Station. The railroad made several modifications to accommodate increased passenger traffic, including enlarging a parking lot and adding portable toilets and tents. The County claimed these changes violated its land use code and demanded compliance or corrective action.The railroad initially sought a declaratory judgment and an injunction in La Plata County District Court, arguing that the County lacked jurisdiction over its operations. While this case was pending, the County petitioned the Colorado Public Utilities Commission (PUC) for a declaratory ruling that the changes required compliance with the County's land use code. The PUC accepted the petition, and an administrative law judge (ALJ) concluded that the changes constituted "extensions, betterments, or additions" under the relevant statute, thus requiring compliance with the County's code. The PUC upheld the ALJ's decision, and the district court affirmed the PUC's ruling.The Colorado Supreme Court reviewed the case and addressed several issues raised by the railroad. The court concluded that the PUC had jurisdiction to interpret the relevant land use statute, the County had standing to petition the PUC, and the PUC did not violate the railroad's due process rights. The court also found that the PUC's determination that the changes constituted "extensions, betterments, or additions" was just and reasonable and supported by the evidence. Consequently, the Colorado Supreme Court affirmed the district court's judgment upholding the PUC's decision. View "Am. Heritage Ry.s v. Colo. Pub. Utils. Comm'n" on Justia Law

The Town of Firestone applied for conditional groundwater rights and an augmentation plan to support its growing water needs. The application included five well fields, but Firestone did not provide specific well locations for three of these fields, instead proposing to use the water court's retained jurisdiction to provide more specific details later. St. Vrain Sanitation District opposed the application, arguing that Firestone's lack of specific well locations made its depletion calculations unreliable and that relying on retained jurisdiction to prove non-injury later was legally impermissible.The District Court for Water Division 1 partially granted St. Vrain's motion to dismiss, finding that Firestone's evidence was insufficient to establish that the proposed well fields would not injure senior water rights holders. The court dismissed without prejudice the claims for the three well fields with unspecified locations and declined to retain jurisdiction, as it could not make a threshold finding of non-injury. The court also allowed St. Vrain to contest the non-injury issue at trial, despite a prior conditional stipulation.The Supreme Court of Colorado affirmed the water court's decision, holding that the water court correctly evaluated the application on a case-by-case basis and did not create a new bright-line rule requiring completed wells for conditional groundwater rights. The court also upheld the water court's refusal to retain jurisdiction without a non-injury finding and found no abuse of discretion in allowing St. Vrain to contest the non-injury issue. The Supreme Court concluded that the water court's factual findings were supported by the trial record and were not clearly erroneous. View "Town of Firestone v. BCL Colo., LP" on Justia Law

Treyton Bailey was stopped for a traffic violation and subsequently arrested for suspicion of DUI after officers observed signs of impairment. Although Bailey consented to a blood test, the result was excluded due to a discrepancy in the chain of custody. Despite the lack of a valid test result, Service Oklahoma revoked Bailey's license. Bailey argued that Service Oklahoma lacked statutory authority to mail the revocation notice by regular mail, that revocation is invalid absent a certificate or affidavit of mailing even where the licensee received and acted upon the notice, and that revocation cannot be sustained without a valid test result when the driver did not refuse testing.The district court rejected Bailey's arguments, finding that Section 2-116 applies to Service Oklahoma and authorizes the agency to serve revocation notice by regular mail. The court also found that the State's proof of service was admissible and sufficient to establish adequate proof that notice was properly served. Additionally, the court determined that despite the exclusion of the blood result, the State met its burden of proof based on other competent evidence. The district court entered a Final Order Sustaining Revocation, which Bailey appealed.The Supreme Court of the State of Oklahoma affirmed the district court's order. The court held that Service Oklahoma is authorized to provide revocation notice by regular mail under Title 47, Section 2-116, and that this interpretation is necessary to preserve the coherence of the statutory scheme following the Legislature's transfer of authority to Service Oklahoma. The court also held that Bailey's due process challenge failed, as the record reflected that he received written notice of the revocation and acted upon it by filing a petition for judicial review. Finally, the court held that the district court properly sustained the revocation of Bailey's license based on the officer's sworn report and other competent evidence, despite the exclusion of the blood test result. View "Bailey v State of Oklahoma ex rel. Service Oklahoma" on Justia Law

A motorist on Interstate 10 near Deming, New Mexico, reported a man in the median with a firearm who may have fired shots. Police officers encountered Gilbert Valencia in a nearby mesquite field, matching the description and holding what appeared to be an AR-style rifle. Valencia did not consistently comply with officers' commands and moved his hand on the weapon, prompting five officers to shoot him. Valencia died from his wounds. His estate brought federal and state law claims against the City of Deming, individual officers, Luna County, and the New Mexico Department of Public Safety.The United States District Court for the District of New Mexico granted summary judgment for the officers, asserting qualified immunity, and dismissed the Estate’s claims under the New Mexico Tort Claims Act. The Estate appealed the decision.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the district court's decision, concluding that the officers were entitled to qualified immunity because their use of lethal force was objectively reasonable based on the circumstances. The court found that the Estate failed to identify a dispute of material fact that precluded summary judgment on the state law claims. The court held that the officers' actions were reasonable given the perceived threat and the totality of the circumstances, including Valencia's non-compliance and the officers' belief that he was armed and dangerous. The court also determined that the New Mexico Tort Claims Act did not apply to the City of Deming, as it only applies to law enforcement officers. View "Cruz v. City Of Deming" on Justia Law

The case involves Billings County and its commissioners, who appealed a district court's decision to grant a preliminary injunction preventing them from entering the property of Sandra Short, David Short, Donald Short, and Sarah Sarbacker. The dispute centers on the County's attempt to use eminent domain to construct a bridge over the Little Missouri River, known as the Little Missouri River Crossing (LMRC). The Shorts had previously settled a lawsuit with the County in 2021, where the County agreed not to pursue eminent domain for the LMRC project. Despite this, a newly elected Board of Commissioners decided to proceed with the project in 2023, leading the Shorts to file a new lawsuit.The United States District Court for the District of North Dakota granted a preliminary injunction in favor of the Shorts, finding that they were likely to succeed on their breach-of-contract claim based on the Settlement Agreement. The court refrained from deciding on the validity of the Settlement Agreement, leaving that issue for the state court to address. The district court also stayed its proceedings, pending the outcome of the state court case, and denied the County's motion to dismiss without prejudice.The United States Court of Appeals for the Eighth Circuit reviewed the case and vacated the preliminary injunction. The appellate court held that the County could not lawfully contract away its power of eminent domain, as it is an essential attribute of sovereignty. The court concluded that the Settlement Agreement was contrary to law and that the Shorts were not likely to succeed on their breach-of-contract claim. The case was remanded for further proceedings consistent with this opinion. View "Short v. Billings County" on Justia Law

An inmate at Grafton Correctional Institution filed a mandamus action against the warden’s administrative assistant and public-information officer, seeking a writ of mandamus to compel the production of public records and an award of statutory damages. The inmate had sent 13 electronic kites requesting copies of public records, focusing on seven kites sent between May 27 and June 2, 2024. The inmate claimed that the requested records were not provided in a timely manner.The case was initially filed in June 2024. The respondent acknowledged receiving the kites within four to seven days and provided some records on September 3 and others on September 5, 2024. The respondent argued that the delay was due to the volume of requests from the inmate, who had made over 50 public-records requests for more than 300 documents since May 2024. The lower court granted an alternative writ, setting a schedule for evidence and briefs. Both parties submitted their evidence and briefs, and the inmate filed several motions, including a motion to strike the respondent’s evidence and motions to proceed to judgment.The Supreme Court of Ohio reviewed the case and found that the inmate’s mandamus claim was moot because he had received all the requested records. The court also determined that the three-month response time was reasonable given the volume of requests the respondent had to handle. Consequently, the court denied the inmate’s requests for a writ of mandamus and statutory damages, as well as all his motions. View "State ex rel. Robinson v. Wesson" on Justia Law

The case involves an enforcement action by the U.S. Securities and Exchange Commission (SEC) against Gregory Lemelson and Lemelson Capital Management, LLC. The SEC alleged that Lemelson made false statements of material fact, engaged in a fraudulent scheme, and violated securities laws, resulting in approximately $1.3 million in illegal profits. The SEC sought disgorgement of these profits, a permanent injunction, and civil monetary penalties. Lemelson moved to dismiss the complaint, and the district court dismissed one of the challenged statements. The SEC filed an amended complaint, and the jury ultimately found Lemelson liable for three statements but rejected other claims.The District Court for the District of Massachusetts held Lemelson in contempt for violating a protective order and threatening a priest who provided information to the SEC. After the jury verdict, the district court issued a final judgment, including a five-year injunction against Lemelson and a $160,000 civil penalty. Lemelson appealed, and the United States Court of Appeals for the First Circuit affirmed the district court's judgment. Lemelson then moved for attorneys' fees and costs under the Equal Access to Justice Act (EAJA), arguing that the SEC's demands were excessive compared to the final judgment.The United States Court of Appeals for the First Circuit reviewed the district court's denial of Lemelson's motion for fees and costs. The appellate court found that the district court incorrectly compared the SEC's demand to the scope of the initial claims rather than the final judgment obtained. The appellate court vacated the denial of fees and costs and remanded the case for further proceedings to determine whether the SEC's demands were excessive and unreasonable compared to the final judgment. The appellate court also noted that the district court should consider whether Lemelson acted in bad faith or if special circumstances make an award unjust. View "Securities and Exchange Commission v. Lemelson" on Justia Law

Sotir Libarov, a Bulgarian citizen, applied for lawful permanent resident status in the United States based on his marriage to Elizabeth Alonso Hernandez, a lawful permanent resident. USCIS interviewed both separately and concluded that the marriage was a sham, denying Libarov's application in June 2022. Libarov then submitted a FOIA request to ICE seeking documents related to himself. ICE initially routed the request to USCIS, but Libarov clarified he wanted documents from ICE. By November 2022, having received no response, Libarov filed a lawsuit against both ICE and USCIS.The United States District Court for the Northern District of Illinois dismissed Libarov's claims against USCIS and later granted summary judgment for ICE on most issues. The court ruled that Libarov could not seek declaratory relief solely for delayed FOIA disclosure and that FOIA provided an adequate remedy, precluding his APA claim. However, the court ordered ICE to disclose portions of the withheld document containing basic personal information about Libarov.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the district court's judgment. The appellate court agreed that Libarov was not entitled to declaratory relief for the delayed FOIA response, as the agency had eventually conducted an appropriate search and provided the requested documents. The court also upheld the district court's decision to withhold parts of the document under FOIA's exemption 7(A), which protects information related to ongoing law enforcement proceedings. Finally, the appellate court confirmed that FOIA provides an adequate remedy, thus barring Libarov's APA claim. View "Libarov v ICE" on Justia Law

The case involves the Tohono O’odham Nation, the San Carlos Apache Tribe, Archaeology Southwest, and the Center for Biological Diversity (collectively, "Plaintiffs") who filed a lawsuit against the United States Department of the Interior, the Secretary of the Interior, and the Bureau of Land Management (collectively, "Department"). The Plaintiffs allege that the Department violated the National Historic Preservation Act (NHPA) by issuing two limited notices to proceed (LNTPs) for the construction of a transmission line by SunZia Transmission, LLC, before fulfilling its NHPA obligations. The Plaintiffs claim that the San Pedro Valley, through which the transmission line runs, is a historic property protected under the NHPA.The United States District Court for the District of Arizona allowed SunZia to intervene as a defendant. The district court denied the Plaintiffs' motion for a preliminary injunction and subsequently granted the Department's and SunZia's motions to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. The district court also denied the Plaintiffs leave to amend their complaint, deeming it futile. The Plaintiffs then appealed the district court's decision.The United States Court of Appeals for the Ninth Circuit reviewed the case and reversed the district court's order dismissing the action. The Ninth Circuit held that the LNTPs constituted final agency actions because they represented the Department's final decision that the requirements for a Programmatic Agreement (PA) had been satisfied, allowing SunZia to begin construction. The court found that the Plaintiffs plausibly alleged that the Department violated the PA by failing to consult with the Plaintiffs on a historic property treatment plan that would evaluate whether the San Pedro Valley should be designated as a historic property. The court inferred that proper consultation would have likely resulted in the Valley being designated as such. Consequently, the Plaintiffs also plausibly alleged that the Department violated the PA by authorizing construction before properly identifying all historic properties affected by the project and ensuring that any adverse effects would be avoided, minimized, or mitigated. The Ninth Circuit reversed and remanded the case for further proceedings. View "TOHONO O'ODHAM NATION V. UNITED STATES DEPARTMENT OF THE INTERIOR" on Justia Law

Petitioners, who own New York’s electric-transmission grid, sought to finance upgrades required when new power sources connect to the grid. This would allow them to raise rates and earn a return on these investments. However, the Federal Energy Regulatory Commission (FERC) denied their requests to change the rules prohibiting owner upgrade funding.The transmission owners filed two petitions with FERC on April 9, 2021, under Sections 205 and 206 of the Federal Power Act, requesting amendments to the Open Access Transmission Tariff (OATT) to allow them to fund interconnection upgrades. On September 3, 2021, FERC rejected the Section 205 filing, stating that the owners’ agreement with the New York Independent System Operator (NYISO) limited their Section 205 rights. FERC also dismissed the Section 206 complaint, concluding that the owners failed to demonstrate that the existing funding mechanism was unjust, unreasonable, unduly discriminatory, or preferential. The owners’ requests for rehearing were deemed denied by operation of law on November 4, 2021, and FERC issued a new order on March 24, 2022, modifying its original orders.The United States Court of Appeals for the District of Columbia Circuit reviewed the case and upheld FERC’s decisions. The court found that FERC acted reasonably in dismissing the Section 205 filing, as the owners had relinquished their rights to file for changes to the OATT without NYISO’s approval. The court also agreed with FERC’s dismissal of the Section 206 complaint, noting that the owners failed to provide sufficient evidence that the current rates were unjust or unreasonable. The court concluded that FERC’s orders were not arbitrary or capricious and denied the owners’ petitions for review. View "Central Hudson Gas & Electric Corporation v. FERC" on Justia Law