DC Circuit Recent Opinions

True the Vote v. IRS: Attorney's Fee Charging Lien Vacated and Remanded

The DC Circuit vacated the district court's ruling that denied Bopp Law Firm's motion to enforce an attorney's charging lien against a $789,000 EAJA fee award in True the Vote's suit against the IRS. The appellate court held that Indiana law applies to determine Bopp's charging lien under the contractual choice-of-law provision. The case was remanded for proceedings consistent with this decision, including reconsideration of whether Bopp established the necessary agreement that compensation would come from the fee fund rather than client obligation.

Qashu v. Rubio - Disability Discrimination and Failure to Accommodate

The DC Circuit affirmed summary judgment for the State Department in a disability discrimination and failure-to-accommodate case brought by a visually impaired AAAS fellow. The court found the State Department provided reasonable accommodations including screen-reading software and noise-cancelling headphones, and rejected claims of disability discrimination and retaliation related to her employment complaints.

Alon Refining Krotz Springs v. EPA - Small Refinery Exemption Denial Vacated

The D.C. Circuit vacated EPA denial orders for small-refinery exemption applications under the Renewable Fuel Standard program. The court held that EPA's regulation requiring refineries to meet the 75,000-barrel daily throughput threshold for both the year of exemption and the prior year contradicts the Clean Air Act's plain statutory text. The case was remanded to EPA for further proceedings consistent with the court's opinion.

Andi Gjoci v. Department of State - Diversity Visa Program

The D.C. Circuit affirmed the district court's dismissal of claims brought by selectees and beneficiaries of the FY2021 Diversity Immigrant Visa Program who challenged the State Department's administration of their visa applications during COVID-19 processing delays. The court upheld dismissal on mootness and standing grounds, incorporating prior circuit precedent that district courts lack authority to order the State Department to continue processing diversity visas beyond fiscal year deadlines.

Secretary of Labor v. Knight Hawk Coal - Interlocutory Appeal Jurisdiction

The D.C. Circuit dismissed the Secretary of Labor's interlocutory appeals in consolidated cases (Nos. 24-1293, 24-1294) involving mine operators Knight Hawk Coal and Crimson Oak Grove Resources, finding it lacked jurisdiction to review nonfinal Commission orders. The court held that the Secretary's attempts to modify citations by removing S&S designations or vacating citations without explanation did not meet the collateral-order doctrine exception to the final-judgment rule.

Secretary of Labor v. Knight Hawk Coal - MSHA Settlement Authority Interlocutory Review

The D.C. Circuit dismissed petitions for review filed by the Secretary of Labor seeking interlocutory review of Federal Mine Safety and Health Review Commission orders. The court held that nonfinal Commission orders denying the Secretary's motions to settle or modify MSHA citations are not immediately appealable under the collateral-order doctrine. The Secretary must await final decisions before seeking appellate review.

World Shipping Council v. FMC - Vessel Space Rule Challenge Denied

The DC Circuit denied the World Shipping Council's petition challenging the FMC's final rule defining 'unreasonable refusal to deal or negotiate' regarding vessel space accommodations. The court upheld 46 C.F.R. § 542.1, finding the rule within the Commission's statutory authority and not arbitrary or capricious. The rule remains in effect for ocean common carriers operating in U.S. foreign commerce.

Court Vacates EPA Approval of Florida's Permitting Plan for ESA Violations

The DC Circuit Court of Appeals vacated the EPA's approval of Florida's permitting plan under the Clean Water Act, citing violations of the Endangered Species Act. The court found that Florida's self-certification plan did not adequately ensure compliance with environmental regulations, similar to a hypothetical scenario where a trucking company self-inspects its vehicles.

Court Dismisses Challenge to EPA Renewable Fuel Standard Policy

The U.S. Court of Appeals for the D.C. Circuit dismissed petitions challenging the EPA's 2020 Renewable Fuel Standard percentage standards. The court found that subsequent developments have mooted the case, rendering the challenge no longer justiciable.

FAA Must Review Pilot Drug Test Refusal Determinations

The U.S. Court of Appeals for the D.C. Circuit ruled that the FAA must independently review airline determinations that pilots have refused drug tests. The court found the FAA arbitrarily and capriciously departed from its own procedures by not conducting such a review in this case.