Justia U.S. 9th Circuit Court of Appeals Opinion Summaries

Plaintiffs contended that the BLM violated the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1701 et seq., and its own regulations, 43 C.F.R. 3809 et seq., by permitting Denison to restart mining operations at the Arizona 1 Mine in 2009, after a 17-year hiatus, under a plan of operations that BLM approved in 1988. The court concluded that the prior panel did not intend that its brief affirmation of a preliminary injunction denial become law of the case; BLM's decision to allow Denison to resume mining under the 1988 plan of operations was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; because the 1988 plan had been approved, BLM's obligation under NEPA had been fulfilled and therefore, BLM did not unlawfully withhold required agency action; BLM's update of the reclamation bond should not be set aside as not in accordance with law or without observance of procedure required by law as plaintiffs contended; BLM's invocation of the categorical exclusion was not arbitrary and capricious or otherwise not in accordance with law. Accordingly, the court affirmed the district court's judgment. View "Center for Biological Diversity, et al v. Salazar, et al" on Justia Law

Defendant pleaded guilty to one count of conspiracy to commit money laundering and thirty counts of money laundering. On appeal, defendant challenged the portion of his sentence that imposed forfeiture and restitution. Defendant argued that, because the FBI was essentially a part of the DOJ, the two entities were functionally the same. Thus, he argued, requiring him to pay forfeiture to the DOJ and restitution to the FBI would result in an impermissible double recovery for the government. The court concluded that the two payments represented different types of funds: punitive and compensatory. They were different in nature, kind, and purpose. Therefore, it was irrelevant as to what extent the FBI and DOJ were distinct entities and the district court did not clearly err when it did not offset defendant's forfeiture amount. View "United States v. Davis" on Justia Law

Petitioner petitioned for review of the BIA's denial of his application for adjustment of status and its denial of his motion to reopen based on new evidence. The BIA concluded that petitioner was ineligible for adjustment of status because of a 1997 conviction for possession of marijuana for sale in violation of California Health & Safety Code section 11359. Petitioner contended that the conviction was actually for simple possession of marijuana in violation of Health & Safety Code section 11357, and that, as a result, he was eligible for relief. The court concluded that petitioner failed to establish that the state court changed his 1997 drug conviction from possession of marijuana for sale under section 11359 to simple possession of marijuana under section 11357. Because petitioner remained inadmissible under 8 U.S.C. 1182 notwithstanding the state court's expungement of his section 11359 offense, he was ineligible for adjustment of status. Accordingly, the court denied the petitions for review. View "Lopez-Vasquez v. Holder Jr." on Justia Law