Justia Government & Administrative Law Opinion Summaries

Gray Television, a broadcaster in Alaska, sought review of a final forfeiture order by the Federal Communications Commission (FCC). The FCC had imposed the maximum forfeiture penalty on Gray for violating the prohibition on owning two top-four stations in a single designated market area (DMA). Gray acquired the CBS network affiliation of KTVA-TV for its own station, KYES-TV, which resulted in Gray owning two top-four stations in the Anchorage DMA. Gray did not seek a waiver from the FCC for this transaction.The FCC issued a Notice of Apparent Liability for Forfeiture (NAL) against Gray, proposing a penalty of $518,283, the statutory maximum. Gray responded, arguing that the transaction did not violate the rule because KYES was already a top-four station according to Comscore ratings data. Gray also contended that the FCC failed to provide fair notice of its interpretation of the rule and that the enforcement action violated the First Amendment and the Communications Act.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court affirmed the FCC's determination that Gray violated the rule, finding that the FCC reasonably relied on Nielsen ratings data, which showed that KYES was not a top-four station at the time of the transaction. The court also held that the FCC's interpretation of the rule was reasonable and that Gray had fair notice of the rule's application to its transaction.However, the court vacated the forfeiture penalty and remanded for further proceedings. The court found that the FCC failed to provide adequate notice to Gray that the proposed penalty was based on a finding of egregiousness, which violated due process. Additionally, the court held that the FCC did not adequately explain its consideration of Gray's good faith in determining the penalty amount. View "Gray Television, Inc. v. Federal Communications Commission" on Justia Law

Vandewater International Inc. requested a scope ruling from the U.S. Department of Commerce to determine if its steel branch outlets were subject to an antidumping duty order on "butt-weld pipe fittings" from China. Vandewater argued that its products did not meet the definition of "butt-weld pipe fittings" as they had contoured ends and were used differently. Commerce determined that Vandewater's products were within the scope of the order, leading to an appeal.The U.S. Court of International Trade (CIT) reviewed the case and initially found that the term "butt-weld pipe fittings" was ambiguous, requiring further analysis. The CIT remanded the case to Commerce to conduct a full scope inquiry using the (k)(2) criteria, which include physical characteristics, expectations of purchasers, ultimate use, channels of trade, and manner of advertisement. Commerce reaffirmed its decision that Vandewater's products were within the scope of the order based on these criteria.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the CIT's decision. The court held that the term "butt-weld pipe fittings" was ambiguous and that Commerce's determination using the (k)(2) criteria was supported by substantial evidence. The court also found that the (k)(1) sources were not dispositive in determining whether Vandewater's products were within the scope of the order. Additionally, the court dismissed SCI's challenge to Commerce's suspension of liquidation instructions as moot, as there were no unliquidated entries of Vandewater's products before the relevant date. View "Vandewater International Inc. v. United States" on Justia Law

Nikos Sharp was charged with several criminal offenses related to child abuse or neglect following an investigation by the Clark County Department of Family Services (DFS). Sharp sought information from DFS reports involving the alleged victim, E.S., which included the identities of individuals who reported the abuse. The district court ordered DFS to disclose this information despite DFS's objections.The district court reviewed the reports in camera and initially released redacted versions to Sharp. Sharp then requested unredacted versions, including the identities of the reporters. The district court granted this request, and DFS's motion for reconsideration was denied. DFS subsequently sought relief through an original writ petition.The Supreme Court of Nevada reviewed the case and held that NRS 432B.290(4) provides a limited privilege for reporter identities, protecting them if DFS determines that disclosure would harm an investigation or the life or safety of any person. The court found that this limited privilege did not apply in this case because DFS had not made such a determination. Consequently, the district court did not err in ordering the disclosure of the reporter identities. The Supreme Court of Nevada denied the petition, affirming the district court's decision. View "Clark County Department of Family Services v. District Court" on Justia Law

Military-Veterans Advocacy (MVA) filed a petition for review challenging the validity of two provisions in a Final Rule issued by the Department of Veterans Affairs (VA). The provisions in question are 38 C.F.R. § 1.601(a)(2), which requires users of VA’s Information Technology (IT) systems to potentially pass a background suitability investigation, and 38 C.F.R. § 1.602(c)(1), which permits the VA to inspect the computer hardware and software used to access VA IT systems and their location at any time without notice.The VA issued the Final Rule on June 24, 2022, after a Notice of Proposed Rulemaking and consideration of public comments, including those from MVA. MVA argued that the regulations violated the pro-veteran canon of construction, due process, and were arbitrary and capricious. The VA addressed some of these comments in the Final Rule but maintained the provisions as proposed.The United States Court of Appeals for the Federal Circuit reviewed the case. The court held that the VA has the authority to promulgate the Background Check Provision under 38 U.S.C. §§ 501, 5721–28, which allows the VA to establish and maintain information security programs. The court found that the Background Check Provision was reasonable and based on risk assessments, thus within the VA’s statutory authority.However, the court found that the Inspection Provision exceeded the VA’s statutory authority. The provision allowed the VA to inspect the location where the hardware and software are used, which could include private areas such as a user’s home. The court determined that this provision was not based on a risk assessment and was overly broad, thus not the product of reasoned decision-making.The court granted MVA’s petition in part, setting aside 38 C.F.R. § 1.602(c)(1), and denied the petition in part, upholding 38 C.F.R. § 1.601(a)(2). View "MILITARY-VETERANS ADVOCACY v. SECRETARY OF VETERANS AFFAIRS " on Justia Law

Nathan Zent, who has spastic quadriplegic cerebral palsy, has been a student at Dickinson State University (DSU) since 2015, pursuing a Bachelor of Arts in English with a Political Science Minor. Zent, who uses a motorized wheelchair and an iPad with text-to-speech assistive technology, received vocational rehabilitation (VR) services from the North Dakota Department of Health and Human Services (DHHS) from 2015 until May 2023. His individualized plan for employment (IPE) identified an employment outcome of journalist or writer, which DHHS supported until 2022. However, DHHS discontinued Zent’s services, citing concerns about his ability to achieve competitive integrated employment due to his need for significant support.The Division of Vocational Rehabilitation of DHHS decided to discontinue Zent’s VR services, and an administrative law judge (ALJ) affirmed this decision. Zent appealed to the district court of Stark County, which also affirmed the ALJ’s decision. Zent then appealed to the North Dakota Supreme Court, arguing that DHHS’s decision was based on an erroneous interpretation of the statutes and regulations governing VR services and that the ALJ applied the incorrect standard of proof.The North Dakota Supreme Court reviewed the case and affirmed the district court’s judgment. The court held that DHHS did not misapply the statutes and regulations governing VR services in determining that Zent’s chosen employment outcome of journalist or writer was inconsistent with the goal of competitive integrated employment. The court also concluded that the ALJ correctly applied the preponderance of the evidence standard, as the clear and convincing standard only applies to eligibility determinations for VR services, not to determinations regarding specific employment outcomes. View "Zent v. NDDHHS" on Justia Law

The case involves the U.S. Centers for Medicare & Medicaid Services (CMS) approving the New York State Department of Health’s (NYSDOH) application to distribute $361.25 million to certain managed care organizations. These organizations were to direct the funds to the top one-third of revenue-generating licensed home care services agencies (LHCSAs) in New York’s four rate regions, provided they agreed to use the funding in a specified manner. The plaintiffs, who are LHCSAs that did not meet the revenue threshold, argued that the approval was unlawful under federal law and regulations because the class of eligible agencies was improperly defined and the application was not assessed for actuarial soundness before approval.The district court dismissed the amended complaint against the State Appellees for failing to adequately allege a cause of action under Ex parte Young and granted summary judgment to the Federal Appellees. The court concluded that the approval of the State’s application did not violate the Administrative Procedure Act (APA) and denied the plaintiffs’ motion to admit extra-record evidence.The United States Court of Appeals for the Second Circuit reviewed the case and agreed with the district court’s decision. The court held that CMS’s approval of NYSDOH’s application complied with federal law. It found that the provider class was properly defined under 42 C.F.R. § 438.6(c)(2)(ii)(B) and that CMS was not required to assess actuarial soundness during the pre-approval process. The court also concluded that CMS did not act arbitrarily or capriciously in approving the application and that the district court did not abuse its discretion in excluding the extra-record evidence. Consequently, the Second Circuit affirmed the judgment of the district court. View "Safe Haven Home Care, Inc. v. United States Department of Health and Human" on Justia Law

Space Exploration Technologies Corp. (SpaceX) operates a space launch business and a global satellite-based internet service called Starlink. In June 2022, a group of SpaceX employees sent an open letter demanding certain actions from the company and solicited support through a survey. SpaceX discharged four employees involved in the letter's distribution for violating company policies. Additional employees were later discharged for lying during a leak investigation and for unrelated performance issues. These employees filed charges with the National Labor Relations Board (NLRB) in November 2022, alleging violations of the National Labor Relations Act.The NLRB Regional Director found merit in the claims and issued an order consolidating the employees' cases with a hearing set for March 2024. SpaceX sued the NLRB in the Southern District of Texas (SDTX) in January 2024, challenging the NLRB's structure as unconstitutional and seeking declaratory and injunctive relief. The NLRB moved to transfer the case to the Central District of California (CDCA), arguing improper venue. The SDTX granted the transfer motion in February 2024. SpaceX petitioned for an emergency writ of mandamus to vacate the transfer order, which was initially stayed but later denied.The United States Court of Appeals for the Fifth Circuit reviewed the case. SpaceX argued that the district court effectively denied its motion for a preliminary injunction by failing to rule on it by May 2, 2024. The Fifth Circuit found that SpaceX did not demonstrate the "serious, perhaps irreparable, consequence" required for an immediate appeal. The court noted that participating in the administrative proceeding did not constitute irreparable harm and that the district court did not act unreasonably in waiting to resolve procedural challenges. Consequently, the Fifth Circuit dismissed SpaceX's appeal for lack of subject-matter jurisdiction. View "Space Exploration Technologies Corp. v. National Labor Relations Board" on Justia Law

The case involves two charitable organizations, Catholic Medical Mission Board, Inc. (CMMB) and Food for the Poor, Inc. (FFP), which were issued cease and desist orders and civil penalties by the California Attorney General for allegedly overvaluing in-kind donations and making misleading statements in their solicitations. The Attorney General found that both organizations used inflated domestic market prices for donated medicines, which could not be distributed within the U.S., and misrepresented their program efficiency ratios to donors.The Superior Court of Los Angeles County reviewed the case and found that the challenged statutory provisions, sections 12591.1(b) and 12599.6(f)(2) of the Government Code, were unconstitutional as they constituted prior restraints on speech. The court vacated the civil penalties and issued permanent injunctions against the Attorney General, preventing the enforcement of these provisions. The court also reformed section 12591.1(b) by adding language to exclude violations of section 12599.6 from the Attorney General's cease and desist authority.The California Court of Appeal, Second Appellate District, reviewed the case and concluded that the trial court abused its discretion by granting the permanent injunctions without requiring the plaintiffs to plead and prove their entitlement to such relief. The appellate court vacated the injunctions and remanded the case to allow the plaintiffs to amend their complaints and prove their entitlement to injunctive relief. The appellate court affirmed the trial court's reformation of section 12591.1(b), allowing the Attorney General to issue cease and desist orders for violations unrelated to speech. The appellate court also vacated the postjudgment orders awarding attorney fees and directed the trial court to reconsider the fees in light of the remand. View "Catholic Medical Mission Board v. Bonta" on Justia Law

Petitioners, veterans Joshua Bufkin and Norman Thornton, applied for service-connected PTSD disability benefits from the Department of Veterans Affairs (VA). Bufkin's claim was denied due to insufficient evidence linking his PTSD to his military service. Thornton, who already received benefits, sought an increased disability rating, which the VA denied. Both cases were reviewed de novo by the Board of Veterans’ Appeals, which upheld the VA's decisions. Bufkin and Thornton then appealed to the U.S. Court of Appeals for Veterans Claims, arguing that the evidence was in "approximate balance" and they were entitled to the benefit of the doubt.The Veterans Court affirmed the Board's decisions, finding no clear error in the approximate-balance determinations. Petitioners appealed to the Federal Circuit, challenging the Veterans Court's interpretation of 38 U.S.C. §7261(b)(1). They argued that the Veterans Court should review the entire record de novo to determine if the evidence was in approximate balance. The Federal Circuit rejected this argument and affirmed the Veterans Court's decisions.The Supreme Court of the United States reviewed the case and held that the VA's determination of whether evidence is in "approximate balance" is predominantly a factual determination, subject to clear-error review. The Court clarified that the Veterans Court must review the VA's application of the benefit-of-the-doubt rule using the same standards as other determinations: de novo for legal issues and clear error for factual issues. The judgment of the Federal Circuit was affirmed. View "Bufkin v. Collins" on Justia Law

Fiorisce, LLC, a limited liability company, filed a qui tam lawsuit against Colorado Technical University (CTU) under the False Claims Act (FCA), alleging that CTU misrepresented compliance with federal credit hour requirements to fraudulently obtain federal student aid funds. Fiorisce claimed that CTU's online learning platform, Intellipath, provided insufficient educational content and falsified learning hour calculations to meet federal standards. Fiorisce's principal, a former CTU faculty member, created the company to protect their identity while exposing the alleged fraud.The United States District Court for the District of Colorado reviewed the case. CTU moved to dismiss the complaint, arguing that the FCA’s public disclosure bar precluded the suit because the allegations were substantially similar to previously disclosed information. The district court denied CTU’s motion, finding that Fiorisce’s specific claims about misrepresentation of credit hours and the use of Intellipath were not substantially the same as prior disclosures. The court also suggested that Fiorisce might qualify as an original source of the information.CTU appealed the district court’s denial of its motion to dismiss to the United States Court of Appeals for the Tenth Circuit, seeking interlocutory review under the collateral order doctrine. The Tenth Circuit concluded that the collateral order doctrine did not apply, as the public disclosure bar did not confer a right to avoid trial and could be effectively reviewed after final judgment. The court emphasized that expanding the collateral order doctrine to include such denials would undermine the final judgment rule and dismissed CTU’s appeal for lack of jurisdiction. View "Fiorisce, LLC v. Colorado Technical University" on Justia Law