9th Circuit Opinions

Ramirez v. Shinn - Death Penalty Habeas Corpus IAC Claim on Remand

The Ninth Circuit affirmed the denial of David Ramirez's federal habeas corpus petition challenging his Arizona death sentence for murder. The court held that while Ramirez's state postconviction counsel was ineffective, Ramirez failed to demonstrate sufficient prejudice under Martinez v. Ryan and recent Supreme Court precedent. The ruling clarifies the standard for establishing cause and prejudice to excuse procedural defaults of ineffective assistance of counsel claims in death penalty habeas proceedings.

G.B. v. USEPA - Minors Lack Standing to Challenge GHG Discounting Policy

The Ninth Circuit affirmed the district court's dismissal of a lawsuit by 18 minors challenging EPA's use of cost-benefit discounting in greenhouse gas regulations. The court held plaintiffs lacked Article III standing because their alleged environmental harms were not fairly traceable to the government's discounting policies, and their equal protection discrimination theory failed to state a viable injury-in-fact.

Arizona Mining Reform Coalition v. U.S. Forest Service - Land Exchange Appeal

The Ninth Circuit affirmed the district court's denial of plaintiffs' preliminary injunction request to block a land exchange mandated by the Southeast Arizona Land Exchange and Conservation Act. The exchange transfers nearly 2,500 acres of National Forest land containing approximately two billion metric tons of copper to Resolution Copper Mining LLC. The court held plaintiffs had Article III standing due to demonstrated injuries from environmental impacts and that their NEPA claims are justiciable.

Santana-Gonzalez v. Bondi - Immigration Petition Denied

The Ninth Circuit denied Armando Santana-Gonzalez's petition for review of a Board of Immigration Appeals decision that denied his applications for asylum, withholding of removal, and Convention Against Torture protection. The panel held that Santana forfeited all exhausted bases to challenge the agency's decision by failing to make any argument in his opening brief that the BIA or IJ erred on the merits. Santana also failed to file a reply brief to explain his forfeiture. The court further rejected his unexhausted due process claims raised for the first time on appeal.

Brothers Market LLC No. 2 v. USA - SNAP Trafficking

The Ninth Circuit affirmed summary judgment for the government in Brothers Market LLC No. 2's challenge to USDA's permanent disqualification from SNAP. The court held that the Market failed to raise a genuine dispute over whether suspicious transactions evidenced SNAP trafficking (600+ large transactions, 200 transactions depleting SNAP accounts, 100+ rapid transaction sets). The Market, owned by Brad Brown, was permanently disqualified from SNAP for trafficking.

Arizona Mining Reform Coalition v. U.S. Forest Service - Land Exchange

The 9th Circuit affirmed the District of Arizona's denial of a preliminary injunction sought by the Arizona Mining Reform Coalition, San Carlos Apache Tribe, and Apache plaintiffs to block a land exchange mandated by the Southeast Arizona Land Exchange and Conservation Act. The exchange transfers nearly 2,500 acres of National Forest land including Oak Flat—Apache sacred ground—and a copper deposit to Resolution Copper Mining LLC in exchange for over 5,000 acres of equally appraised land.

Eng v. United States Environmental Protection Agency

The Ninth Circuit denied Genghmun Eng's petition challenging the EPA Administrator's refusal to object to a refinery operating permit renewal under the Clean Air Act. The court held the Administrator's rejection of claims regarding risk management plan defects was neither contrary to law nor arbitrary and capricious. The panel further held the Title V permitting process is not the appropriate venue to resolve risk management concerns about catastrophic chemical releases.

Arizona Mining Reform Coalition v. U.S. Forest Service - Affirms Denial of Preliminary Injunction

The 9th Circuit affirmed the district court's denial of a preliminary injunction sought by Arizona tribes and environmental groups to block a land exchange under the Southeast Arizona Land Exchange and Conservation Act. The court held that plaintiffs demonstrated Article III standing through documented injuries from the planned Resolution Copper mine near Oak Flat, but failed to show irreparable harm since the land exchange had not yet closed. The ruling clears the path for Resolution Copper to acquire approximately 2,500 acres including Apache sacred lands and a deposit containing nearly two billion metric tons of copper.

Fresenius Med. Care Orange County, LLC v. Bonta - First Amendment Challenge to California AB 290 Dialysis Reimbursement Limits

The Ninth Circuit partially affirmed and partially reversed the district court's summary judgment in consolidated appeals challenging California Assembly Bill 290 (AB 290), which regulates dialysis providers' relationships with nonprofit health insurance premium assistance charities. The court held that the Reimbursement Cap and Patient Disclosure Requirement violate the First Amendment rights of dialysis providers and the American Kidney Fund, finding California's asserted interest in preventing insurance risk pool distortion does not save provisions that are not narrowly tailored.

Fresenius Medical Care Orange County LLC v. Bonta - First Amendment Challenge to California AB 290

The Ninth Circuit affirmed in part and reversed in part the district court's summary judgment in a First Amendment challenge to California Assembly Bill 290 (AB 290), which regulates dialysis providers' relationships with nonprofit health insurance premium assistance charities. The court held that the Reimbursement Cap and Patient Disclosure Requirement provisions are unconstitutional under the First Amendment because they burden the association rights of dialysis providers and the American Kidney Fund without being narrowly tailored to California's asserted government interest in preventing insurance risk pool distortion.