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

The Bonneville Power Administration (BPA), a federal agency responsible for marketing power generated at federal hydroelectric facilities in the Columbia River Basin, holds financial reserves to maintain stable rates. When these reserves exceed a certain threshold, BPA is required to spend the excess. In fiscal years 2022 and 2023, BPA decided to allocate only about 10 percent of its excess reserves to fish and wildlife mitigation efforts, prompting environmental groups led by the Idaho Conservation League (ICL) to challenge this decision.The environmental groups argued that BPA's decision violated its obligations under section 4(h)(11)(A) of the Pacific Northwest Electric Power Planning and Conservation Act (NWPA), which requires BPA to provide equitable treatment for fish and wildlife and to consider the Council's environmental mitigation program to the fullest extent practicable. BPA contended that section 4(h)(11)(A) did not apply to its financial decisions regarding the allocation of excess reserves.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that the petitions for review were timely filed within 90 days of BPA's final allocation decisions. The court also determined that the cases were not moot, as the issues raised were capable of repetition while evading review.On the merits, the Ninth Circuit concluded that BPA's allocation of its excess financial reserves was not subject to the requirements of section 4(h)(11)(A) of the NWPA. Instead, the court found that section 4(h)(10)(A) specifically addresses BPA's use of the excess financial reserve fund for fish and wildlife and does not require the same level of prioritization as section 4(h)(11)(A). Consequently, the court denied the petitions for review. View "IDAHO CONSERVATION LEAGUE V. BONNEVILLE POWER ADMINISTRATION" on Justia Law

A public benefit corporation, Lawyers for Fair Reciprocal Admissions (LFRA), challenged local rules of federal district courts in the Ninth Circuit. These rules require attorneys seeking general admission to be members in good standing of the bar of the state where the district court is located. LFRA argued that these rules prevent its members, who are barred in states outside the Ninth Circuit and do not wish to join another state bar, from seeking general admission to these federal district courts.The United States District Court for the District of Arizona dismissed LFRA’s amended complaint with prejudice. The court found that LFRA had standing to bring claims on behalf of its members, except for the Sixth Amendment claim, which lacked standing. The court dismissed the remaining claims for failure to state a claim, concluding that the Admission Rules did not violate constitutional, statutory, or procedural grounds as alleged by LFRA.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the district court’s dismissal with prejudice. The Ninth Circuit held that the Admission Rules are constitutional and do not violate separation of powers, federalism principles, the Privileges and Immunities Clauses, the Equal Protection Clause, the First Amendment, the Full Faith and Credit Act, the Rules Enabling Act, or procedural due process. The court also found that Rules 1 and 83 of the Federal Rules of Civil Procedure do not create a private right of action. The Ninth Circuit concluded that the district court did not abuse its discretion in dismissing the amended complaint without leave to amend, as the complaint could not be saved by amendment. The court also upheld the denial of LFRA’s motion for judgment on the pleadings as procedurally premature. View "Lawyers for Fair Reciprocal Admissions v. United States" on Justia Law

Environmental organizations challenged the EPA's decision not to revise technology-based pollution limits, guidelines, and standards (ELGs) for seven specific industrial categories under the Clean Water Act (CWA). The petitioners argued that the ELGs for these categories were outdated and did not reflect advances in pollution control technology.The EPA's decision was based on its Effluent Guidelines Program Plan 15, which used a Category Ranking Analysis to prioritize ELGs for revision. This analysis ranked industries based on the concentration and total load of pollutants discharged, using data from discharge monitoring reports (DMR data) from direct dischargers. The EPA did not consider data from indirect dischargers or unregulated pollutants in this analysis. The EPA concluded that revising the ELGs for the seven categories was not a priority based on this analysis.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that the EPA's refusal to revise the ELGs constituted final agency action and was reviewable under the Administrative Procedure Act (APA). The court found that the EPA's reliance on the Category Ranking Analysis was arbitrary and capricious because it failed to consider advances in pollution control technology, pretreatment standards for indirect dischargers, and unregulated pollutants. The court also found that the EPA's decision regarding the plastics molding and forming category was arbitrary and capricious due to inadequate explanation.The court granted the petition for review in part, remanding the case to the EPA to reconsider its decision or provide a fuller explanation. The court emphasized that the EPA must offer a reasoned justification for its decisions consistent with the CWA and APA. View "Waterkeeper Alliance v. Environmental Protection Agency" on Justia Law

A jurisdictional dispute arose between the International Longshore and Warehouse Union (ILWU) and the International Association of Machinists and Aerospace Workers (IAM) over maintenance work at SSA Terminals in the Port of Seattle. Both unions claimed the right to perform the work under their respective collective bargaining agreements. SSA initially assigned the work to ILWU, but IAM threatened economic action, prompting SSA to seek a resolution from the National Labor Relations Board (NLRB). The NLRB assigned the work to IAM, leading ILWU to pursue a grievance against SSA, which an arbitrator upheld.SSA then filed an unfair labor practice charge against ILWU, alleging that ILWU's pursuit of the grievance violated section 8(b)(4)(D) of the National Labor Relations Act. ILWU defended itself by invoking the work-preservation defense, which protects primary union activity. The NLRB rejected this defense, stating it was not applicable in pure jurisdictional disputes where multiple unions have valid contractual claims. The NLRB ordered ILWU to cease and desist from pursuing the maintenance work at Terminal 5.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that the NLRB's position was foreclosed by its previous decision in International Longshore and Warehouse Union v. NLRB (Kinder Morgan), which established that a valid work-preservation objective provides a complete defense against alleged violations of section 8(b)(4)(D). The court vacated the NLRB's order and remanded the case for the NLRB to evaluate the merits of ILWU's work-preservation defense. The court also denied the petitions for review by IAM and the NLRB's cross-petition for enforcement. View "International Longshore and Warehouse Union v. National Labor Relations Board" on Justia Law

Environmental groups challenged the Bureau of Land Management’s (BLM) approval of the Willow Project, an oil and gas venture in Alaska's northern Arctic. BLM approved the project in 2023, allowing ConocoPhillips Alaska, Inc. to construct oil and gas infrastructure in the National Petroleum Reserve. BLM prepared a Supplemental Environmental Impact Statement (SEIS) after a 2021 remand by the district court, which required BLM to reassess its alternatives analysis. BLM insisted on a full field development standard to avoid piecemeal development, which led to the exclusion of certain environmentally protective alternatives.The United States District Court for the District of Alaska granted summary judgment in favor of BLM, dismissing the plaintiffs' claims under the National Environmental Policy Act (NEPA), the Alaska National Interest Lands Conservation Act (ANILCA), the Naval Petroleum Reserves Production Act (Reserves Act), and the Endangered Species Act (ESA). The district court found that BLM had rectified the errors identified in its 2021 order and that the alternatives analysis satisfied NEPA, the Reserves Act, and ANILCA. The court also held that the plaintiffs had standing but had not shown that the defendants violated the ESA.The United States Court of Appeals for the Ninth Circuit affirmed in part and reversed in part the district court’s decision. The court held that BLM did not abuse its discretion in using the full field development standard to avoid the risks of piecemeal development. However, BLM’s final approval of the project was arbitrary and capricious under the Administrative Procedure Act (APA) because it did not provide a reasoned explanation for potentially deviating from the full field development standard. The court also held that BLM’s assessment of downstream emissions complied with NEPA and that BLM did not act arbitrarily in selecting mitigation measures under the Reserves Act. The court found that BLM complied with ANILCA’s procedural requirements and that the ESA consultation was not arbitrary or capricious. The court remanded the NEPA claim without vacatur, allowing BLM to provide a reasoned explanation for its decision. View "SOVEREIGN INUPIAT FOR A LIVING ARCTIC V. UNITED STATES BUREAU OF LAND MANAGEMENT" on Justia Law

A man named Yoon Suk Chang was injured at the American Memorial Park on Saipan when his foot got caught in a large hole in a grassy area. He suffered severe ankle injuries, which required surgery and led to significant medical expenses and financial losses. Chang filed a negligence claim under the Federal Tort Claims Act (FTCA) against the United States, alleging that the National Park Service (NPS) allowed a dangerous hole to go unrepaired.The District Court for the Northern Mariana Islands dismissed Chang's complaint, citing the discretionary function exception of the FTCA. The court reasoned that the decisions on how to inspect and maintain the grassy areas involved policy considerations, such as safety, public access, and aesthetics. Therefore, the court concluded that the discretionary function exception applied, and the United States was immune from the lawsuit.The United States Court of Appeals for the Ninth Circuit reviewed the case and reversed the district court's judgment. The Ninth Circuit held that the discretionary function exception did not apply because the routine maintenance of a grassy lawn did not involve government employees balancing public policy considerations. The court emphasized that the NPS's failure to repair a hole in a regularly maintained grass area was a matter of routine maintenance, which is not protected by the discretionary function exception. The case was remanded for further proceedings consistent with this opinion. View "Chang v. United States" on Justia Law

The case involves the State of Alaska Department of Fish and Game (Alaska) challenging the Federal Subsistence Board's (Board) authorization of an emergency subsistence hunt for the Organized Village of Kake (the Tribe) during the COVID-19 pandemic. The Board allowed the hunt due to significant food supply chain disruptions, permitting the Tribe to harvest two moose and five deer on federal public lands in Alaska. The hunt was conducted by hunters selected by the Tribe, and the yield was distributed to both tribal and non-tribal residents of Kake.The United States District Court for the District of Alaska initially dismissed Alaska's claims related to the Kake hunt as moot. Alaska appealed, and the United States Court of Appeals for the Ninth Circuit reversed the district court's dismissal of Alaska's claim that the Board lacked authority to authorize the hunt, remanding that specific claim for further proceedings. On remand, the district court ruled that the Board's approval of the hunt did not violate the Alaska National Interest Lands Conservation Act (ANILCA) and denied Alaska's request for declaratory and permanent injunctive relief.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the district court's judgment that the Board had the authority under ANILCA to authorize the emergency subsistence hunt. The court held that Section 811(a) of ANILCA provided the Board with the authority to ensure rural residents have reasonable access to subsistence resources on federal lands, which includes the power to authorize emergency hunts. The court also vacated the district court's judgment on Alaska's improper delegation claim, ruling that the district court exceeded its mandate by addressing this claim, and remanded with instructions to dismiss it. View "ALASKA DEPARTMENT OF FISH AND GAME V. FEDERAL SUBSISTENCE BOARD" on Justia Law

The case involves the Tohono O’odham Nation, the San Carlos Apache Tribe, Archaeology Southwest, and the Center for Biological Diversity (collectively, "Plaintiffs") who filed a lawsuit against the United States Department of the Interior, the Secretary of the Interior, and the Bureau of Land Management (collectively, "Department"). The Plaintiffs allege that the Department violated the National Historic Preservation Act (NHPA) by issuing two limited notices to proceed (LNTPs) for the construction of a transmission line by SunZia Transmission, LLC, before fulfilling its NHPA obligations. The Plaintiffs claim that the San Pedro Valley, through which the transmission line runs, is a historic property protected under the NHPA.The United States District Court for the District of Arizona allowed SunZia to intervene as a defendant. The district court denied the Plaintiffs' motion for a preliminary injunction and subsequently granted the Department's and SunZia's motions to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. The district court also denied the Plaintiffs leave to amend their complaint, deeming it futile. The Plaintiffs then appealed the district court's decision.The United States Court of Appeals for the Ninth Circuit reviewed the case and reversed the district court's order dismissing the action. The Ninth Circuit held that the LNTPs constituted final agency actions because they represented the Department's final decision that the requirements for a Programmatic Agreement (PA) had been satisfied, allowing SunZia to begin construction. The court found that the Plaintiffs plausibly alleged that the Department violated the PA by failing to consult with the Plaintiffs on a historic property treatment plan that would evaluate whether the San Pedro Valley should be designated as a historic property. The court inferred that proper consultation would have likely resulted in the Valley being designated as such. Consequently, the Plaintiffs also plausibly alleged that the Department violated the PA by authorizing construction before properly identifying all historic properties affected by the project and ensuring that any adverse effects would be avoided, minimized, or mitigated. The Ninth Circuit reversed and remanded the case for further proceedings. View "TOHONO O'ODHAM NATION V. UNITED STATES DEPARTMENT OF THE INTERIOR" on Justia Law

A nonprofit organization challenged the United States Forest Service's approval of a forest thinning project in the Okanogan-Wenatchee National Forest, Washington. The project aimed to reduce wildfire risk and improve forest health through various treatments, including tree thinning and prescribed burns. The organization argued that the Forest Service violated the National Environmental Policy Act (NEPA) by not reopening the public comment period after significant changes were made to the project following a wildfire, and by failing to consider a reasonable range of alternatives and the cumulative effects of the project.The United States District Court for the Eastern District of Washington granted summary judgment in favor of the Forest Service, finding that the agency had complied with NEPA requirements. The court held that the Forest Service was not required to repeat the public comment process and that the Environmental Assessment (EA) considered a reasonable range of alternatives.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed in part and reversed in part. The court held that the Forest Service was not required to repeat the public comment process because the changes made to the project did not pose new environmental questions or render the public's comments on the Draft EA irrelevant. The court also found that the Forest Service considered a reasonable range of alternatives and that the use of condition-based management did not inherently violate NEPA.However, the court reversed the district court's decision regarding the cumulative effects analysis. The Ninth Circuit held that the EA's discussion of cumulative effects was insufficient because it did not consider the cumulative effects of the Twisp Restoration Project in combination with the Midnight Restoration Project, which was originally part of the same project. The court remanded the case for the district court to order the Forest Service to remedy the deficiencies in the EA and determine whether an Environmental Impact Statement (EIS) is necessary. View "North Cascades Conservation Council v. Forest Service" on Justia Law

The case involves four affiliated companies, collectively known as the Pangang Companies, which were indicted for economic espionage related to their alleged efforts to steal trade secrets from E.I. du Pont de Nemours & Company (DuPont) concerning the production of titanium dioxide. The Pangang Companies argued that they were immune from criminal prosecution in the United States under the Foreign Sovereign Immunities Act (FSIA) because they are owned and controlled by the government of the People’s Republic of China (PRC).The United States District Court for the Northern District of California denied the Pangang Companies' motion to dismiss the indictment, holding that the FSIA did not apply to criminal cases and that even if it did, the commercial activity and implied waiver exceptions to the FSIA would apply. The Pangang Companies appealed, and the Ninth Circuit Court of Appeals initially held that the companies failed to make a prima facie showing that they were covered entities under the FSIA.Upon remand, the district court again denied the motion to dismiss, reiterating that the Pangang Companies did not qualify for immunity under the FSIA and also rejecting their claims to common-law immunity. The court found that the companies did not exercise functions comparable to those of an agency of the PRC and thus were not entitled to immunity.The United States Court of Appeals for the Ninth Circuit affirmed the district court’s decision. The court held that under federal common law, the Pangang Companies did not make a prima facie showing that they exercised functions comparable to those of an agency of the PRC. Therefore, they were not eligible for foreign sovereign immunity from criminal prosecution. The court also noted that principles of deference to the political branches on matters touching on foreign relations reinforced this conclusion. View "USA V. PANGANG GROUP COMPANY, LTD." on Justia Law