154 results for 'court:"DC Circuit"'.
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
J. Wilkins reverses the district court's finding for a broadcast company on a photojournalist's action, in which he claims it willfully filed fraudulent W-2s on his behalf listing the payments he received for his on-the-job injury as taxable disability income, rather than non-taxable workers' compensation. There are questions of fact regarding how to categorize the payments, and whether the company knew the nature of these payments. Reversed.
Court: DC Circuit, Judge: Wilkins, Filed On: June 30, 2023, Case #: 22-7072 , Categories: Employment, Tax, Workers' Compensation
J. Rao upholds the lower court's dismissal of three lawmakers’ action concerning $500 fines they received for not following a mask mandate for those in the Hall of the House. The Speech and Debate Clause confers immunity to all legislative acts. Affirmed.
Court: DC Circuit, Judge: Rao, Filed On: June 30, 2023, Case #: 22-5058 , Categories: Constitution, Government, Immunity
[Consolidated.] J. Wilkins reverses the district court's finding for a group of casinos that challenged a compact between the Seminole Tribe of Florida and the state of Florida that will allow the tribe to offer online sports betting throughout the state. The Indian Gaming Regulatory Act authorizes a tribe to conduct gaming on its own lands, but does not prohibit a compact from discussing gaming topics that occur outside tribal lands. Reversed.
Court: DC Circuit, Judge: Wilkins, Filed On: June 30, 2023, Case #: 21-5265 , Categories: Constitution, Property
[Consolidated.] J. Rao denies the states' and nonprofits' petition for review of the Environmental Protection Agency's Aircraft Rule, which regulates domestic aircraft emissions standards. The EPA has the authority to adopt the rule, which aligns with the standards set by the International Civil Aviation Organization, and the agency sufficiently explained its decision.
Court: DC Circuit, Judge: Rao, Filed On: June 30, 2023, Case #: 21-1018 , Categories: Environment, Aviation
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J. Henderson denies a railroad's petition for review of the Surface Transportation Board's determination that previous corporate-family consolidations did not authorize the railroad to control a certain line. Contrary to the railroad's argument, the board followed regulatory text and structure, and sufficiently explained its reasoning.
Court: DC Circuit, Judge: Henderson, Filed On: June 30, 2023, Case #: 22-1209 , Categories: Administrative Law, Corporations, Transportation
J. Tatel upholds the district court's determination regarding withheld information in a group's Freedom of Information Act case, in which it sought records the Federal Aviation Administration relied upon during its recertification of Boeing 737 MAX airplanes following two fatal crashes. The FAA sufficiently supported its decision to withhold certain records under exemption 4. Affirmed.
Court: DC Circuit, Judge: Tatel, Filed On: June 30, 2023, Case #: 21-5257 , Categories: Public Record, Aviation
[Consolidated.] J. Katsas denies a county's petition for review concerning the Environmental Protection Agency's reversal of its own 2018 decision, in which it had determined the county had attained ozone pollution standards. The EPA reasonably relied on the same data it used to make its original designation, rather than updated information, when it reversed its decision in 2021.
Court: DC Circuit, Judge: Katsas, Filed On: June 30, 2023, Case #: 21-1263 , Categories: Environment
J. Katsas upholds the district court's finding for the Department of Homeland Security on a trade association's challenge to a change in guidance that requires employers to amend paperwork for H-1B visa-based employees who change their place of employment. Although the association has Article III standing, it fails to show the agency lacks the authority to make this change. Affirmed.
Court: DC Circuit, Judge: Katsas, Filed On: June 27, 2023, Case #: 22-5074 , Categories: Administrative Law, Employment, Immigration
J. Millett finds the district court properly dismissed an individual's action challenging his removal from the council that oversees the Administrative Conference of the U.S. He fails to show the president does not have the power to remove him from the council, at will. Affirmed.
Court: DC Circuit, Judge: Millett, Filed On: June 27, 2023, Case #: 22-5047, Categories: Employment, Government
J. Sentelle upholds the district court's dismissal of protestors' and Black Lives Matter D.C.'s civil rights action related to federal law enforcement officers' removal of protestors from Lafayette Square in June 2020. The officers' actions implicate national security, as "a public gathering presents some measure of hazard to the security of the President and the White House." Affirmed.
Court: DC Circuit, Judge: Sentelle, Filed On: June 23, 2023, Case #: 22-5133 , Categories: Civil Rights
J. Walker upholds the district court's rejection of an American wife's constitutional challenge to the denial of a visa for her noncitizen husband. Marriage does not include the right to live in America with a person's spouse. Affirmed.
Court: DC Circuit, Judge: Walker, Filed On: June 23, 2023, Case #: 22-5009 , Categories: Constitution, Immigration
[Consolidated.] J. Walker grants, in part, petitions for review filed by companies and associations representing heating, cooling and refrigeration interests on their challenge to the Environmental Protection Agency’s rule to phase out the use of hydrofluorocarbons. The EPA lacked the power to pass two regulations concerning the distribution of HFCs.
Court: DC Circuit, Judge: Walker, Filed On: June 20, 2023, Case #: 21-1251 , Categories: Administrative Law, Environment
J. Pillard denies a mining company and its manager's petition for review of the Mine Safety and Health Administration's orders, which cited them for continuing to work following the release of high levels of methane. Evidence supports the administration's finding the violations were unwarrantable failures due, in part, to the unreasonableness of the company's decision to clearly violate regulations by keeping the drill energized during the methane release.
Court: DC Circuit, Judge: Pillard, Filed On: June 16, 2023, Case #: 22-1242 , Categories: Administrative Law, Energy
[Consolidated.] J. Ginsburg reverses the district court's holding for the National Marine Fisheries Service on its right whale takings rule that would cost lobstermen $50 to $90 million over the next six years. Contrary to the agency's findings, the Endangered Species Act does not give it the power to "indulge in worst-case scenarios and pick 'pessimistic' values in order to give 'the benefit of the doubt' to the species." Reversed.
Court: DC Circuit, Judge: Ginsburg, Filed On: June 16, 2023, Case #: 22-5238 , Categories: Administrative Law, Environment
J. Randolph reverses the district court's dismissal of an individual's second action related to her allegations she was sexually abused by a teacher when she was 14 years old and remained in the relationship for five years. The statute of limitations changed between the dismissal of her first action, which was dismissed for untimeliness, and the filing of her second action, which was dismissed on res judicata grounds. Reversed.
Court: DC Circuit, Judge: Randolph, Filed On: June 13, 2023, Case #: 22-7021, Categories: Civil Procedure, Tort
[Consolidated.] J. Henderson grants a labor board's motion for enforcement against a hospital for refusing to bargain with a nurses' union. The board properly counted the ballots, as they were sufficiently signed.
Court: DC Circuit, Judge: Henderson, Filed On: June 13, 2023, Case #: 22-1262 , Categories: Labor / Unions
J. Rogers upholds a finding for a union on three former union officers' retaliation claims based on their protected speech. One officer failed to show she engaged in protected speech, another could not show his speech was the reason he was dismissed, and the third officer fails to support his challenges to the trial court's evidentiary rulings. Affirmed.
Court: DC Circuit, Judge: Rogers, Filed On: June 13, 2023, Case #: 20-7032 , Categories: Constitution, Labor / Unions
[Amended.] J. Edwards remands a mine operator's case concerning its challenge to a citation order it received more than 10 years ago to the Federal Mine Safety and Health Review Commission for further review. The commission, which denied the operator's request as moot, failed to address the issue and consider the operator's motion on the merits.
Court: DC Circuit, Judge: Edwards, Filed On: June 6, 2023, Case #: 22-1088 , Categories: Administrative Law
J. Randolph upholds defendant's 18-year sentence for his firearm conviction. Defendant fails to show the district court improperly relied on an invalidated clause within the Armed Career Criminal Act when it sentenced him. Affirmed.
Court: DC Circuit, Judge: Randolph, Filed On: June 2, 2023, Case #: 18-3063, Categories: Firearms, Sentencing
J. Sentelle reverses defendant's 42 convictions for prescribing drugs without a legitimate medical purpose and two counts of money laundering. The government committed a Brady violation when it suppressed reports that were material and favorable to defendant, and could have raised a reasonable doubt in the minds of the jurors. Reversed.
Court: DC Circuit, Judge: Sentelle, Filed On: June 2, 2023, Case #: 21-3039 , Categories: Criminal Procedure, Drug Offender, Evidence
[Consolidated.] J. Srinivasan grants, in part, Sierra Club's petition for review of the Federal Energy Regulatory Commission's approval of the Mountain Valley Pipeline project. The commission must prepare an environmental impact statement pertaining to potential erosion caused by the project or better explain why one is not needed, but the project can move forward during the interim, as it is almost complete and completion may solve the project's impact on the soil.
Court: DC Circuit, Judge: Srinivasan, Filed On: May 25, 2023, Case #: 20-1512 , Categories: Energy, Environment
J. Wilkins finds the district court improperly dismissed a former department vice president's claims against the nonprofit she worked for regarding its CEO's reference to her as toxic after she was fired in breach of the parties' severance agreement and non-disparagement clause. There is evidence the clause applies to the nonprofit and its officers, she has plausibly alleged the breach of contract was racially driven and that the comments were discriminatory. Reversed.
Court: DC Circuit, Judge: Wilkins, Filed On: May 25, 2023, Case #: 22-7004 , Categories: Employment, Employment Discrimination, Contract
J. Pillard upholds the tax court's finding for the IRS on an individual's challenge to the whistleblower office's refusal to grant him an award after he reported a condo development group had dodged paying taxes. Although the IRS discovered the group had taken an improper deduction and required it to pay a large tax adjustment, the deduction was unrelated to the issue on which the individual had reported. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: May 25, 2023, Case #: 21-1268 , Categories: Tax, Whistleblowers
J. Pillard upholds the tax court's finding for the IRS on an individual's challenge to the whistleblower office's refusal to grant him a whistleblower award for reporting on a company. Although the IRS ordered the company to pay tax adjustments, these were unrelated to the issues on which the individual had reported. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: May 25, 2023, Case #: 22-1006 , Categories: Tax, Whistleblowers
J. Rogers upholds the district court's denial of a social welfare group's post-judgment motion to intervene as of right in Campaign Legal Center's challenge to the Federal Election Commission's failure to act on its complaint against the group. Intervention was not required, as the group was not a party to the default judgment in the center's action against the commission.
Court: DC Circuit, Judge: Rogers, Filed On: May 19, 2023, Case #: 22-5140 , Categories: Civil Procedure, Elections
[Consolidated.] J. Edwards upholds the district court's dismissal of a wire fraud indictment against a foreign service officer. The government only showed that the officer had lied to keep his security clearance, not in an effort to deprive his employer of money or property. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: May 16, 2023, Case #: 22-3011 , Categories: Fraud
J. Rao dismisses, in part, and denies, in part, two environmental groups' petition for review of the Federal Energy Regulatory Commission's authorization to a gas line development company to build and operate natural gas facilities in Alaska. Certain claims were not exhausted, and the commission's decision was reasonable and lawful.
Court: DC Circuit, Judge: Rao, Filed On: May 16, 2023, Case #: 20-1379 , Categories: Energy, Environment
J. Ginsburg with grant a petition for review to two oil and gas associations on their challenge to a rule that requires the installation of remote-controlled or automatic shut-off valves on certain gas and hazardous liquid pipelines. The Pipeline and Hazardous Materials Safety Administration failed to address the practicability or costs of the requirement as applied to gathering pipelines.
Court: DC Circuit, Judge: Ginsburg, Filed On: May 16, 2023, Case #: 22-1148 , Categories: Energy, Environment