153 results for 'court:"DC Circuit"'.
[Consolidated.] J. Walker denies two transmission owners and a utility company's petitions for review of the Federal Energy Regulatory Commission's approval a change to a transmission-funding regime. The commission considered the appropriate factors and created a fair regime by allowing participants to work together to choose and fund new projects.
Court: DC Circuit, Judge: Walker, Filed On: August 1, 2023, Case #: 22-1221 , Categories: Administrative Law, Energy
[Consolidated.] J. Henderson denies a solar generation facilities developer's petitions for review of the Federal Energy Regulatory Commission's approval of a transmission service agreement that will apply transmission system upgrade costs to one public utility that will then pass through the charges to the developer. The commission's decision that the costs should be applied to the sole benefitting customer rather than spread among all customers is supported by substantial evidence.
Court: DC Circuit, Judge: Henderson, Filed On: July 28, 2023, Case #: 22-1108 , Categories: Administrative Law, Energy
J. Millett reverses the district court's decision to overturn an administrative law judge's determination an individual was ineligible for supplemental security income due to a disability per new rules adopted by the Social Security Administration. Contrary to the district court's finding, the rules were not retroactively applied. However, the administrative law judge improperly analyzed proof from the individual's doctor; therefore, the case must be remanded. Reversed.
Court: DC Circuit, Judge: Millett, Filed On: July 28, 2023, Case #: 22-5050 , Categories: Administrative Law, Social Security
J. Srinivasan vacates the district court's finding for the Secretary of the Army on a veteran's challenge to the Army's assignment of a 20 percent, rather than 30 percent, disability rating following back and leg injuries he suffered in a car accident while on deployment. The secretary improperly adopted the Physical Disability Board of Review's conclusion, which did not assign a rating to the veteran's leg condition, despite the board's finding the condition contributed to his unfitness. Vacated.
Court: DC Circuit, Judge: Srinivasan, Filed On: July 28, 2023, Case #: 22-5045 , Categories: Administrative Law, Military
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J. Srinivasan grants a petition challenging the Securities and Exchange Commission's decision to change futures on the SPIKES Index to futures, rather than security futures, in order to promote competition with futures on the VIX Index. The SEC failed to sufficiently explain why SPIKES futures must be regulated as futures to promote competition.
Court: DC Circuit, Judge: Srinivasan, Filed On: July 28, 2023, Case #: 21-1038 , Categories: Securities
[Consolidated.] J. Pan denies petitions filed by bin Laden’s personal assistant to vacate his conspiracy conviction or remand to the military commission for resentencing. The evidence supports his conviction and he fails to show there was an abuse of discretion during sentencing.
Court: DC Circuit, Judge: Pan, Filed On: July 25, 2023, Case #: 22-1097 , Categories: Sentencing, Conspiracy, Terrorism
J. Pan denies an environmental group's petition for review of the EPA's refusal to revise its regulation of corrosive materials. Some of the group's claims are untimely, and the group fails to show a "compelling cause" to disturb the EPA's decision.
Court: DC Circuit, Judge: Pan, Filed On: July 25, 2023, Case #: 21-1187, Categories: Environment
J. Katsas denies a former presidential candidate's petition for review regarding the constitutionality of the Presidential Primary Matching Payment Account Act, which funds certain expenses incurred by candidates during the primaries. The candidate fails to show the matching payment period definition in the Act is unconstitutional.
Court: DC Circuit, Judge: Katsas, Filed On: July 21, 2023, Case #: 21-1213 , Categories: Constitution, Elections
J. Rao upholds the district court's dismissal of a family's action against Sudan in connection with a terrorist attack on their family. The Sudan Claims Resolution Act, which strips federal courts of jurisdiction to hear most terrorism-related claims, is not unconstitutional. Affirmed.
Court: DC Circuit, Judge: Rao, Filed On: July 21, 2023, Case #: 21-5250 , Categories: Terrorism, Jurisdiction
J. Childs upholds the district court's denial of an inmate's motion for compassionate release. There are no extraordinary or compelling reasons warranting release. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: July 21, 2023, Case #: 21-3074 , Categories: Sentencing
[Consolidated.] J. Millett dismisses two petitions challenging the Federal Energy Regulatory Commission's approval of the construction of a natural gas compressor station in Weymouth, Massachusetts. The petitioners lack Article III standing in one petition, and the district court lacks statutory jurisdiction over the second petition.
Court: DC Circuit, Judge: Millett, Filed On: July 21, 2023, Case #: 22-1146, Categories: Environment, Jurisdiction
[Consolidated.] J. Henderson reverses the trial court’s grant of summary judgment to several counties, trade groups and timber companies on their challenges to the president’s expansion of the Cascade-Siskiyou National Monument. The president has the authority to do so under the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act. Reversed.
Court: DC Circuit, Judge: Henderson, Filed On: July 18, 2023, Case #: 20-5008 , Categories: Government, Property
[Consolidated.] J. Pillard denies the refineries' petitions for review of the EPA's rule regarding an extension of time to comply with belatedly-released renewable fuel standards that is shorter than it was in the past. The EPA is not required to offer the refineries 12-month or 13-month compliance intervals under the Clean Air Act.
Court: DC Circuit, Judge: Pillard, Filed On: July 18, 2023, Case #: 22-1015 , Categories: Energy, Environment
[Consolidated.] J. Katsas upholds the dismissals of six individuals' actions seeking compensation from a fund for non-French nationals who were deported from France to concentration camps during the Holocaust. The Administrative Procedure Act does not provide them a cause of action, as the Department of State has discretion to administer the fund.
Court: DC Circuit, Judge: Katsas, Filed On: July 18, 2023, Case #: 22-5068 , Categories: Administrative Law, Agency
Per curiam, the circuit agrees with the district court that the descendants' of Jewish art firm owners, whom they claim were forced by the Nazi government in 1935 to sell medieval relics and devotional objects, cannot now argue the firm owners were not German nationals in an effort to dodge the Federal Republic of Germany's immunity defense. The descendants did not argue this theory until the appeal reached the Supreme Court, at which point it was not preserved. Affirmed.
Court: DC Circuit, Judge: Per curiam, Filed On: July 14, 2023, Case #: 22-7126, Categories: Civil Procedure, Immunity
J. Wilkins grants, in part, an energy company's petition for review of the Federal Energy Regulatory Commission's creation of a new energy transmission service in the southeast. The commission failed to sufficiently support the requested tariff revisions, and must also explain how the new service is not a loose power pool.
Court: DC Circuit, Judge: Wilkins, Filed On: July 14, 2023, Case #: 22-1018 , Categories: Administrative Law, Energy
J. Rogers grants, in part, an energy company's petition for review of the Federal Energy Regulatory Commission's approval of an implementation of a revised forfeiture rule for transmission rights. Although the commission properly refused to issue refunds to those who incurred forfeitures under an interim rule, it must explain why it did not require the consideration of leverage when a regional transmission organization determines net profit.
Court: DC Circuit, Judge: Rogers, Filed On: July 14, 2023, Case #: 22-1096 , Categories: Energy
J. Pillard upholds the district court's dismissal of seven individuals' First Amendment claims arising from their arrest for breaking the mayor's curfew, which was instituted in response to riots, vandalism and looting following the death of George Floyd. The curfew order was a valid time, place and manner restriction. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: July 7, 2023, Case #: 22-7047 , Categories: Civil Rights, First Amendment
J. Childs denies a mine operator's petition for review of the Secretary of Labor's determination regarding which history violations could be used when determining it owed more than $7,000 in penalties. The regulation regarding the history violation usage is ambiguous and the secretary's interpretation - that violations that become final during the 15-month look-back period will be included in an operator's violation history - is reasonable.
Court: DC Circuit, Judge: Childs, Filed On: July 7, 2023, Case #: 22-1143 , Categories: Administrative Law, Energy
J. Sentelle upholds the district court's dismissal of claims by survivors and family members of victims of terrorist attacks on U.S. embassies in Kenya and Tanzania against an international bank. They fail to plausibly allege the bank financially supported al-Qaeda's embassy bombings. Affirmed.
Court: DC Circuit, Judge: Sentelle, Filed On: July 7, 2023, Case #: 22-7083 , Categories: Terrorism
J. Srinivasan vacates the district court's grant of summary judgement to a landlord on a brokerage firm's action to recover commission on a lease agreement in which the firm represented both the landlord and tenant. Contrary to the district court's finding, the firm was not required to follow the formatting specifications under the District of Columbia's Brokerage Act, but is only required to show it obtained the required written consent. Vacated.
Court: DC Circuit, Judge: Srinivasan, Filed On: July 7, 2023, Case #: 22-7046 , Categories: Landlord Tenant, Contract
Per curiam, the circuit denies a company's petition for review of the Federal Motor Carrier Safety Administration's refusal to grant it an exemption related to its pulsing, rather then the requisite steady, brake light module. The company fails to show the agency's decision is unreasonable or unsupported.
Court: DC Circuit, Judge: Per curiam, Filed On: July 7, 2023, Case #: 22-1260 , Categories: Administrative Law
J. Wilkins grants energy trade groups and natural gas associations petitions for review challenging the Department of Energy's final rule instituting more stringent energy efficiency standards for commercial boilers. The department failed to sufficiently explain its reasoning, and it should have provided notice and comment.
Court: DC Circuit, Judge: Wilkins, Filed On: July 7, 2023, Case #: 22-1107 , Categories: Administrative Law, Energy, Environment
Per curiam, the circuit upholds the district court's order denying defendant's motion to suppress evidence in his firearm and ammunition case. The officers had reasonable suspicion to stop defendant and search him. Affirmed.
Court: DC Circuit, Judge: Per curiam, Filed On: July 7, 2023, Case #: 21-3032 , Categories: Firearms, Search
J. Millett upholds the district court's ruling against sex worker advocacy groups that challenged the constitutionality of the Allow States and Victims to Fight Online Sex Trafficking Act, which criminalizes those who run an online site that facilitates prostitution of another person. The Act is not overbroad or unconstitutionally vague. Affirmed.
Court: DC Circuit, Judge: Millett, Filed On: July 7, 2023, Case #: 22-5105 , Categories: Communications, Constitution, Technology
J. Childs finds the district court properly dismissed three environmental groups' challenge to a rule by a government-based finance company's creation of a rule that exempts it from reporting its transcripts, minutes and other information from its meetings. The Sunshine Act does not apply to the company because a majority of its board members are appointed to other positions and serve ex officio. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: July 7, 2023, Case #: 22-5095 , Categories: Corporations, Government, Public Record
J. Walk denies a generator's petition for review of the Federal Energy Regulatory Commission's rejection of its challenge to a transmission-grid operator's $10 million tariff. The tariff was sufficiently detailed.
Court: DC Circuit, Judge: Walk, Filed On: July 7, 2023, Case #: 21-1192 , Categories: Administrative Law, Energy