Justia Government & Administrative Law Opinion Summaries

The First Circuit affirmed the decision of the Department of the Interior's Bureau of Indian Affairs (BIA) to take two parcels of land in Massachusetts into trust for the Mashpee Wampanoag Indian Tribe, holding that the BIA's application of its legal interpretation to the facts was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.Appellants brought this action challenging the Interior's 2021 record of decision reaffirming its 2015 decision to take the land into trust for the Tribe, arguing that the Tribe did not qualify as a "tribe" within the meaning of the Indian Reorganization Act, that the Tribe was not "under Federal jurisdiction," and that the parcel of land was not eligible activities under the Indian Gaming Regulatory Act. The district court granted summary judgment for the Interior and the Tribe. The First Circuit affirmed, holding that Appellants were not entitled to relief on any of their allegations of error. View "Littlefield v. U.S. Dep't of the Interior" on Justia Law

Adams, born in 1960, smoked about a pack a day starting at age 18 and worked in coal mines at times between 1979-1995, mostly underground using a “cutting machine” in the “dustiest” areas. Adams struggled to breathe after his retirement. Adams’s 1998 application under the Black Lung Benefits Act, 30 U.S.C. 901(b), was denied because he failed to prove that he had pneumoconiosis. In 2008, Adams sought benefits from Wilgar. His treating physician, Dr. Alam, identified the causes of his 2013 death as cardiopulmonary arrest, emphysema, coal worker’s pneumoconiosis, throat cancer, and aspiration pneumonia.A 2019 notice in the case stated “the Court may look to the preamble to the revised” regulations in weighing conflicting medical opinions. Wilgar unsuccessfully requested discovery concerning the preamble and the scientific studies that supported its conclusions. The ALJ awarded benefits, finding that Adams had “legal pneumoconiosis” and giving Dr. Alam’s opinion that Adam’s coal mine work had substantially aggravated his disease “controlling weight.” All things being equal, a treating physician’s opinion is “entitled to more weight,” 30 C.F.R. 718.104(d)(1). Wilgar's three experts had opined that Adams’s smoking exclusively caused his disease The ALJ gave “little weight” to these opinions, believing that they conflicted with the preamble to the 2001 regulation.The Benefits Review Board and Sixth Circuit affirmed. The preamble interpreted the then-existing scientific studies to establish that coal mine work can cause obstructive diseases, either alone or in combination with smoking. The ALJ simply found the preamble more persuasive than the experts. View "Wilgar Land Co. v. Director, Office of Workers’ Compensation Programs" on Justia Law

The First Circuit denied Petitioners' petitions seeking judicial review of two decisions by the Board of Immigration Appeals (BIA) - one affirming an immigration judge's (IJ) denial of their application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), and the other denying Petitioners' motion to reopen their proceedings, holding that Petitioners were not entitled to relief.Petitioners applied for relief from removal based on China's politics, specifically persecution by Chinese officials seeking to enforce China's Family Planning Policy, which was in effect when Petitioners first entered the United States. The IJ denied Petitioners' application, concluding that they failed to meet their burden of proof. The BIA dismissed Petitioners' appeal. The First Circuit denied Petitioners' petitions for review, holding that there was substantial evidence to support the agency's decisions in this case. View "M.S.C. v. Garland" on Justia Law

The Supreme Court affirmed the judgment of the circuit court holding that the Arkansas Racing Commission's (ARC) decision to award the Pope County casino license to Cherokee Nation Businesses, LLC (CNB) and Legends Resort and Casino, LLC (Legends) was a "legal nullity, void and of no effect," holding that the circuit court did not err.In this third iteration of appeals involving the issuance of the license Gulfside Casino Partnership (Gulfside) argued that the ARC's action was ultra vires because it was issued in violation of the clear language of amendment 100 to the Arkansas Constitution. The circuit court granted summary judgment for Gulfside, concluding that the casino license issued by the ARC jointly to CNB and Legends was an ultra vires action. The Supreme Court affirmed, holding that the circuit court did not err in its decision. View "Cherokee Nation Businesses, LLC v. Gulfside Casino Partnership" on Justia Law

The First Circuit affirmed the decision of the district court granting summary judgment in favor of Joshua Levy, Acting United States Attorney for the District of Massachusetts, in this case challenging the denial by the United States Department of Justice (DOJ) of Levy's request for information related to a federal police misconduct investigation, holding that there was no error.Anthony Gulluni, District Attorney for Hampden County, Massachusetts, sent DOJ a letter (Touhy request) requesting all Springfield, Massachusetts Police Department (SPD) reports and documents supporting DOJ's specific and general findings in an attempt to identify SPD officers who were subject to the DOJ's findings of specific instances of misconduct and general failures within SPD's practices. DOJ denied Gullini's request in accordance with Touhy regulations. Gullini appealed. The First Circuit affirmed, holding that the district court (1) did not err in applying the arbitrary and capricious standard to its review of DOJ's denial of Gullini's Touhy request; and (2) did not err in finding that DOJ's privilege grounds were not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law. View "Gulluni v. Levy" on Justia Law

Governor DeSantis signed into law the Individual Freedom Act, also called the Stop W.O.K.E. Act. Seven professors and one student from public universities in Florida challenged the law in the district court as violative of their civil rights. Plaintiffs served subpoenas on fourteen non-party legislators—thirteen co-sponsors of the Act and one legislator who supported the bill during a Florida House of Representatives debate. The district court partially granted and partially denied the legislators’ motion. After the legislators appealed, the district court stayed the discovery order pending the resolution of this appeal. At issue on appeal is whether a common-law privilege shields state legislators from a discovery request made for the purpose of determining the legislators’ motives in passing a law.   The Eleventh Circuit reversed and remanded, holding that factual documents are within the scope of the privilege, which is unqualified in this kind of lawsuit. The court explained that according to Plaintiffs’ response to the Florida legislators’ motion to quash the subpoena, the plaintiffs served the subpoenas on the legislators to “determine whether there was a discriminatory motive behind the [Act].” By Plaintiffs’ own admission, the subpoenas’ purpose was to uncover the legislators’ motives in passing the law. “The privilege applies with full force against requests for information about the motives for legislative votes and legislative enactments.” So, the privilege applies with its usual force against the discovery of even the factual documents in the Florida legislators’ possession. Accordingly, the court held that the district court abused its discretion when it determined otherwise. View "Leroy Pernell, et al. v. Robert Alexander Andrade, et al." on Justia Law

Plaintiff filed suit in federal district court against Judge Goldston and others present at the search. Plaintiff claimed that the warrantless search and seizure of his property violated his Fourth and Fourteenth Amendment rights, that the restrictions on recording the incident violated the First Amendment, and that Judge Goldston’s practice of conducting “home visits” violated the Equal Protection Clause by disadvantaging pro se litigants like himself. He sought compensatory and punitive damages under 42 U.S.C. Section 1983, as well as attorney’s fees and injunctive and declaratory relief. Judge Goldston moved for summary judgment, claiming she was entitled to absolute judicial immunity. The district court denied her motion. At issue on appeal is whether Judge Goldston is entitled to judicial immunity.   The Fourth Circuit affirmed, holding that judicial immunity protects only judicial acts. It does not shield the conduct of judges who step outside their judicial role, as Judge Goldston did when searching Plaintiff’s home. The court explained that while Judge Goldston might have had the authority to order a search, the proper authority to conduct the operation was the local sheriff’s department or some other appropriate law enforcement agency. The court explained that just as “judges do not do double duty as jailers,” so too they do not do double duty as sheriffs. View "Matthew Gibson v. Louise Goldston" on Justia Law

The Housing Crisis Act of 2019 (the Act) is among the measures that the California Legislature has adopted to address the state’s housing shortage. Subdivision (b)(1)(A) of section 66300 prohibits affected cities from (1) enacting any policy that changes the zoning of parcels to “a less intensive use” or (2) “reducing the intensity of land use” within a zoning district to below what was allowed under zoning ordinances in effect on January 1, 2018. Defendants the City of Culver City and the City Council of the City of Culver City (City Council) (collectively, the City) adopted Ordinance No. 2020-010, changing development standards in its single-family residential, or R-1, zone. The Ordinance reduced the allowable floor area ratio (FAR) for primary residences from .60 to .45, decreasing the square footage of a house that could be built on a lot. Plaintiffs Yes In My Back Yard (collectively, YIMBY) filed a petition for writ of mandate seeking an order declaring the Ordinance void. The trial court determined the Ordinance violated section 66300 because the FAR reduction impermissibly reduced the intensity of land use.   The Second Appellate District affirmed. The court explained that there is no published authority addressing the proper interpretation of section 66300, and thus, the trial court did not abuse its discretion in considering the novelty of the questions presented. In calculating the lodestar amount, the court accepted the hourly rates of YIMBY’s counsel, noting that “[the City] ma[d]e no argument to the contrary.” There is no showing that the trial court applied the multiplier to punish the City. View "Yes In My Back Yard v. City of Culver City" on Justia Law

In July 2021, Texas Governor Greg Abbott issued an executive order that prohibited private individuals from providing ground transportation to migrants who were previously detained or subject to expulsion. The United States brought a lawsuit against Governor Abbott and the State of Texas, arguing that the executive order was preempted by federal law. Three nonprofit organizations and a retired lawyer also brought a Section 1983 suit against the Governor and the Director of the Texas Department of Public Safety (“DPS”). The defendants moved to dismiss the suit brought by the private plaintiffs, arguing in part that the plaintiffs lacked standing and the suit against the Governor was barred by sovereign immunity. The district court rejected these arguments, and Governor Abbott appealed.   The Fifth Circuit agreed with the Governor that sovereign immunity bars the lawsuit brought by the private plaintiffs. The court explained Section 411.012 does not imbue the Governor with the “particular duty to enforce” the Executive Order. Second, even if the Governor had a particular duty to enforce GA-37 by commandeering DPS, he has not “demonstrated [a] willingness to exercise that duty.” Third, the Governor’s enforcement directive to DPS should have been sufficient to remove the Governor from this suit. Fourth, the court explained that if Plaintiffs want to show that the Governor silently invoked Section 411.012 and implicitly commandeered a state agency, they must plead facts to support that inference. Thus, the court held that sovereign immunity bars the private Plaintiffs’ suit against the Governor. View "USA v. Abbott" on Justia Law

Petitioner Allco Renewable Energy Limited appealed a Vermont Public Utility Commission denial of its request for a certificate of public good (CPG) to construct a solar energy project in Bennington, Vermont. Under Vermont law, a company desiring to build an in-state electric generation facility may not begin site preparation or construction unless the Commission “first finds that the [project] will promote the general good of the State and issues a certificate to that effect.” Under the test used by the Commission, an adverse impact on aesthetics is undue if it “violate[s] a clear, written community standard intended to preserve the aesthetics or scenic, natural beauty of the area.” In 2015, petitioner applied for a CPG to construct a 2.0-megawatt solar electric generation facility. The project site was in a Rural Conservation District as defined in the Bennington Town Plan. The plan stated that development in Rural Conservation Districts “cannot be sited in prominently visible locations on hillsides or ridgelines.” Appellee Apple Hill Homeowners Association (AHHA) intervened in the CPG proceeding, as did the Town of Bennington. The Town initially argued that petitioner should not be granted a CPG because the project would violate clear, written community standards in the Town Plan, and would therefore interfere with the orderly development of the region and have an undue adverse impact on aesthetics. The Town later changed its position, voting not to oppose the project, and withdrew from the proceeding. Based in part on the Town’s decision not to oppose the project, the hearing officer issued a proposal for decision recommending the Commission conclude the project would not violate any written community standard, and would therefore not unduly interfere with the orderly development of the region or have an undue adverse effect on aesthetics. The Commission adopted the hearing officer’s findings and issued petitioner a CPG. The Vermont Supreme Court reversed, finding the Commission's conclusion was only based on the Town's decision not to oppose the project. The case was remanded to the Commission, who assigned it to a new hearing officer, who then reversed the prior decision, finding the project would therefore unduly interfere with the orderly development of the region and have an undue adverse impact on aesthetics. Ultimately the Commission concurred with this decision. Petitioner moved for reconsideration, which the Commission denied. The Supreme Court affirmed the Commission's last decision on this matter, upholding the denial of a CPG. View "In re Petition of Apple Hill Solar LLC" on Justia Law