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

Empire challenged HHS's 2005 Rule interpreting a Medicare regulation under the Administrative Procedure Act (APA), as part of its appeal of HHS's calculation of its 2008 reimbursement. The 2005 Rule removed the word "covered" from 42 C.F.R. 412.106(b)(2)(i), effectively amending HHS's interpretation of "entitled to [Medicare]" in 42 U.S.C. 1395ww(d)(5)(F)(vi), a subsection of the Medicare Act, 42 U.S.C. 1395 et seq. The district court granted partial summary judgment for Empire, ruling that, while the 2005 Rule was substantively valid, it should be vacated because the rulemaking process leading to its adoption failed to meet the APA’s procedural requirements.The Ninth Circuit affirmed the district court's grant of summary judgment and vacatur of the 2005 Rule on different grounds. The panel held that the 2005 Rule's rulemaking process, while not perfect, satisfied the APA's notice-and-comment requirements. However, the panel held that the 2005 Rule is substantively invalid and must be vacated, because it directly conflicts with the panel's interpretation of 42 U.S.C. 1395ww(d)(5)(F)(vi) in Legacy Emanuel Hospital and Health Center v. Shalala, 97 F.3d 1261, 1265–66 (9th Cir. 1996). Legacy Emanuel interpreted the meaning of "entitled to [Medicare]" as unambiguous and thus the 2005 Rule's conflicting construction cannot stand. The panel remanded for further proceedings. View "Empire Health Foundation v. Azar" on Justia Law

The Ninth Circuit granted the Forest Service's request to publish the unpublished Memorandum Disposition with modifications. The panel reversed the district court's grant of summary judgment for the Forest Service in an action alleging violations of the National Environmental Policy Act (NEPA) and National Forest Management Act (NFMA).The panel held that the Forest Service's determination that the Crystal Clear Restoration Project did not require an Environmental Impact Statement (EIS) was arbitrary and capricious for two independent reasons. First, the effects of the Project are highly controversial and uncertain, thus mandating the creation of an EIS. Second, the Forest Service failed to identify and meaningfully analyze the cumulative impacts of the Project. Because an EIS is required, and because the findings in the EIS could prompt the Forest Service to change the scope of the Project or the methods it plans to use, the panel did not reach the remaining claims. The panel reversed and remanded for further proceedings. View "Bark v. United States Forest Service" on Justia Law

The Ninth Circuit affirmed the district court's grant of summary judgment to the Forest Service and intervenors in an action challenging the Forest Service's issuance of grazing authorizations between 2006 and 2015 on seven allotments in the Malheur National Forest. ONDA argued that the Forest Service acted arbitrarily and capriciously in its application of the Administrative Procedure Act (APA) and the National Forest Management Act (NFMA) by failing to analyze and show that the grazing authorizations were consistent with the Forest Plan.The panel held that ONDA's challenge is justiciable where the challenge was sufficiently ripe and the dispute was not moot. On the merits, the panel held that the Forest Service met its procedural and substantive obligations pursuant to the NFMA and the APA in issuing the grazing authorizations. In this case, because the Forest Service was not obligated by statute, regulation, or caselaw to memorialize each site-specific grazing authorization's consistency with the forest plan, the panel held that the absence of such a document is not in itself arbitrary and capricious. Furthermore, the Forest Service did not act arbitrarily or capriciously with respect to the NFMA's consistency requirement as applied to Standard GM-1 in issuing any of the challenged grazing authorizations. Finally, the Forest Service did not act arbitrarily or capriciously with respect to Standard 5 in issuing any of the challenged grazing authorizations. View "Oregon Natural Desert Assoc. v. United States Forest Service" on Justia Law

The Ninth Circuit affirmed the district court's order denying plaintiff's motion to remand his case to state court, where he wants to pursue his claim that a JAG colleague, defendant, is engaged in the unauthorized practice of law because defendant is licensed only in states outside of California.The panel held that defendant was "acting under" a federal officer within the meaning of 28 U.S.C. 1442(a)(2). The panel rejected plaintiff's contention that this was not a "civil action or criminal prosecution" under section 1442(a)(1), and held that defendant was a "person" within the meaning of the statute; there was a causal connection between plaintiff's claims and defendant's actions taken pursuant to a federal officer's directions; and defendant raised a colorable federal defense under the Supremacy Clause. In this case, defendant was appointed by and reports to a federal officer and is permitted by federal regulation to practice law, in a specific and limited capacity, without becoming a member of the California Bar. Therefore, defendant has a colorable defense that this federal regulatory scheme preempts a claim by a private individual that would have the effect of invalidating those federal regulations in states, like California, that do not require all JAG Trial Defense Service attorneys to become members of the California Bar. View "Stirling v. Minasian" on Justia Law

Plaintiffs' challenges to HHS's 2019 Final Rule, implementing Title X of the Public Health Service Act, failed in light of Supreme Court approval of the 1988 regulations and the Ninth Circuit's broad deference to agencies' interpretations of the statutes they are charged with implementing. Section 1008 of Title X prohibits grant funds from being used in programs where abortion is a method of family planning. Specifically, plaintiffs challenged the "gag" rule on abortion counseling, where a counselor providing nondirective pregnancy counseling "may discuss abortion" so long as "the counselor neither refers for, nor encourages, abortion." The Final Rule also requires providers to physically and financially separate any abortion services from all other health care services.The panel held that the Final Rule is a reasonable interpretation of Section 1008; it does not conflict with the 1996 appropriations rider or other aspects of Title X; and its implementation of the limits on what Title X funds can support does not implicate the restrictions found in Section 1554 of the Patient Protection and Affordable Care Act (ACA). The panel also held that the Final Rule is not arbitrary and capricious because HHS properly examined the relevant considerations and gave reasonable explanations; because plaintiffs will not prevail on the merits of their legal claims, they are not entitled to the extraordinary remedy of preliminary injunction; and thus the district courts' preliminary injunction orders are vacated and the cases are remanded for further proceedings. View "California v. Azar" on Justia Law

Planned Parenthood filed suit against HHS, alleging that the agency's 2018 Funding Opportunity Announcements (FOAs) for funding programs to combat teen pregnancy were contrary to the law as required in their appropriation, the Teen Pregnancy Prevention Program (TPPP), which is the relevant part of the 2018 Consolidated Appropriations Act.The Ninth Circuit reversed the district court's dismissal of the action, holding that Planned Parenthood had standing under the competitor standing doctrine and that the case is not moot because it satisfies the capable of repetition, yet evading review exception to mootness. The panel explained that Planned Parenthood could reasonably expect to be subject to the same injury again, and the injury was inherently shorter than the normal life of litigation.The panel exercised its discretion to reach two issues in the first instance. First, the panel held that the 2018 Tier 1 FOA was contrary to law, because the 2018 Tier 1 FOA's direction that grant applicants address and replicate each of the elements of the TAC or the SMARTool, contradicts the TPPP's direction that Tier 1 grants go only to applicants whose programs are proven effective. Second, the panel held that the 2018 Tier 2 FOA was not contrary to the TPPP on its face. The panel remanded the case to the district court for further proceedings. View "Planned Parenthood of Greater Washington and North Idaho v. United States Department of Health & Human Services" on Justia Law

The Association filed suit challenging the National Park Service's authority to prohibit commercial herring fishing in the waters of the Golden Gate National Recreation Area in San Francisco Bay. In a prior appeal, the Ninth Circuit held that the Association had failed to allege any final agency action under the Administrative Procedure Act (APA), and directed the district court to dismiss the case. On remand, the district court allowed the Association to replead, but held that its proposed amendments still failed to allege final agency action.The panel held that the Association's proposed second amended complaint sufficiently alleged final agency action; the Park Service's in-water enforcement orders were final agency action that could be challenged in court; and the Park Service's contrary position that would require fishermen either to violate the law and risk serious punishment or engage in unnecessary further pleas before the agency would leave regulated parties facing stiff penalties without the judicial recourse that the APA enables. The panel held, however, that the district court did not abuse its discretion in denying leave to add a Declaratory Judgment Act count that the Association could have brought much earlier. Accordingly, the court affirmed in part, reversed in part, and remanded. View "San Francisco Herring Assoc. v. U.S. Department of the Interior" on Justia Law

CBD filed suit seeking to compel the Department of the Interior to reinstate the Refuges Rule that prevented Alaska from applying certain state hunting regulations on federal wildlife refuges. In 2017, Congress used the Congressional Review Act (CRA) to order Interior to rescind the regulation.The Ninth Circuit held that CBD lacked standing to challenge the Reenactment Provision, because it failed to allege an injury in fact that was more than speculative. Therefore, the panel dismissed CBD's argument that the Reenactment Clause violated the nondelegation doctrine.After determining that the Jurisdiction-Stripping Provision of the CRA did not include any explicit language barring judicial review of constitutional claims, the panel held that the Joint Resolution disapproving the Refuges Rule did not violate the Take Care Clause of the Constitution, and thus CBD's complaint failed to state a claim that was plausible on its face. The panel rejected CBD's argument that the CRA and Joint Resolution violated separation-of-powers principles because they interfere with the Executive Branch's duty under the Take Care Clause. The panel held that, because Congress properly enacted the Joint Resolution, and therefore validly amended Interior's authority to administer national wildlife refuges in Alaska, Congress did not prevent the President from exercising his constitutional duty to faithfully execute the laws.The panel joined other circuits in holding that federal courts do not have jurisdiction over statutory claims that arise under the CRA. In this case, CBD challenged Interior's rescission of the Refuges Rule solely on the ground that Congress did not validly enact the Joint Resolution. Therefore, the panel held that CBD's claim necessarily involved a challenge to a congressional "determination, finding, action or omission" under the CRA, and was therefore subject to the Jurisdiction-Stripping Provision. View "Center for Biological Diversity v. Bernhardt" on Justia Law

The Ninth Circuit reversed the district court's order denying the Board's petition to enforce five requests issued by the Board in subpoenas following an explosion and chemical release at an ExxonMobile refinery. The panel held that, although the district court did an admirable job, it erred in finding these five requests unenforceable. In this case, the five subpoena requests relating to the alkylation unit and the modified hydrofluoric acid stored there were relevant to the February 2015 explosion and accidental release of modified hydrofluoric acid. The panel held that a review of the specific disputed requests confirmed that each sought material that might cast light on the Board's investigation into the February 2015 release. View "United States v. Exxon Mobil Corp." on Justia Law

Various states, municipalities, and organizations filed suit seeking a preliminary injunction against the implementation of DHS's Final Rule, which redefined the term "public charge" to require consideration of not only cash benefits, but also certain non-cash benefits. Under the Final Rule, an alien is a public charge if they receive one or more public benefits, including cash and non-cash benefits such as Supplemental Nutrition Assistance Program (SNAP), Section 8 housing assistance, Section 8 project-based rental assistance, Medicaid (with certain exceptions), and Section 9 public housing.The Ninth Circuit granted a stay of two preliminary injunctions granted by two different district courts, holding that DHS has shown a strong likelihood of success on the merits because the Final Rule was neither contrary to law nor arbitrary and capricious; DHS will suffer irreparable harm because the preliminary injunctions will force it to grant status to those not legally entitled to it; and the balance of the equities and public interest favor a stay. View "City and County of San Francisco v. USCIS" on Justia Law