Justia U.S. 5th Circuit Court of Appeals Opinion Summaries

The Fifth Circuit dismissed, based on lack of Article III standing, a petition for review of the TCEQ's decision granting air permits to Rio Grande LNG. Petitioners, two membership organizations, ask the court to vacate the agency's decision and order either a contested-case hearing before the SOAH or the denial of the permits.The court held that petitioners have not satisfied their burden to show their members' injuries in fact. In this case, petitioners' claims -- that their individual members who live, work, and drive within a roughly fourteen-mile radius of the proposed facility will suffer an increased risk of harm that those living further away will not suffer -- are too generalized and petitioners have not produced enough evidence to show an actual or imminent harm. The court also held that, even if petitioners' members did identify specific risks, there is no evidence of the extent to which those risks would be increased for those members by the expected emissions. Furthermore, petitioners' claim that the proposed facility would cause ozone levels to be very close to violating the federally mandated levels failed to identify what specific health risks their members expect to suffer. Finally, to the extent petitioners argue that the denial of a contested-case hearing is a procedural harm separate and distinct from the harms they expect to be caused by the proposed facility, the court rejected that alleged injury as a basis for standing. View "Shrimpers and Fishermen of the RGV v. Texas Commission on Environmental Quality" on Justia Law

The States filed suit raising constitutional challenges to Section 9010 of the Affordable Care Act (ACA) and statutory and constitutional challenges to the Certification Rule. The Fifth Circuit affirmed the district court's ruling that the States had standing to raise their Certification Rule claims; reversed the district court's ruling that the States' Administrative Procedure Act (APA) claims were not time-barred; and dismissed those claims for lack of jurisdiction.On the merits, the court affirmed the district court's judgment on the Section 9010 claims, holding that the Provider Fee is a constitutional tax that does not violate the Spending Clause and that Section 9010 satisfies both the requirements under the Tenth Amendment doctrine of intergovernmental tax immunity. In this case, the Provider Fee does not discriminate against states or those with whom they deal because it is imposed on any entity that provides health insurance (with certain exclusions). Furthermore, the legal incidence of the Provider Fee does not fall on the states because Congress expressly excluded states from paying the fee. However, the court reversed the district court's judgment that the Certification Rule violated the nondelegation doctrine, holding that HHS did not unlawfully delegate to a third party its authority to approve state managed-care organization (MCO) contracts. Accordingly, the court rendered judgment in favor of the United States. Because neither the Certification Rule nor Section 9010 are unlawful, the court vacated the district court's grant of equitable disgorgement to the States. View "Texas v. Rettig" on Justia Law

The Fifth Circuit reversed the Commission's decision affirming the application of OSHA's commercial diving safety regulations to the dives its staff members perform to feed animals housed at the Aquarium and to clean the facility's tanks. A majority of the Commission panel affirmed the ALJ's determination that feeding and cleaning dives did not fall within the "scientific diving" exemption to the commercial standard.The court held that the ALJ did not err in crediting the compliance officer's testimony about the Commercial Diving Operations (CDO) standard as lay opinion testimony; even if the compliance officer testified to some matters that fell outside the realm of lay opinion testimony, the admission of the testimony was harmless; and the Aquarium's witnesses were properly treated as lay witnesses. Under a plain reading of the entire definition of "scientific diving," as well as the regulation guidelines and regulatory history, the court held that the activities performed during the feeding and cleaning dives fall within the plain text of the exemption. In this case, the Aquarium has shown that feeding and cleaning dives are a necessary component of its scientific research. View "Houston Aquarium, Inc. v. Occupational Safety and Health Review Commission" on Justia Law

The Fifth Circuit denied a petition for review of the Commission's determination that Sanderson violated various regulations of the Department of Labor's Occupational Safety and Health Administration (OSHA).The court held that the ALJ's determination that the compressor cutouts and the emergency stops are subject to the mechanical integrity program was not an abuse of discretion or otherwise contrary to law; the ALJ's determination that Sanderson failed to rebut the presumption of exposure to a hazard was not an abuse of discretion or otherwise contrary to law; and the Secretary bore his burden with respect to all elements of a violation regarding Items 5a and 5b. View "Sanderson Farms, Inc. v. Occupational Safety and Health Review Commission" on Justia Law

Former Texas state judge Suzanne Wooten filed suit under 42 U.S.C. 1983 against state and local law enforcement officials, alleging that they violated the Constitution by investigating and prosecuting her in retaliation for unseating an incumbent judge and making rulings they disagreed with. At issue in this appeal was whether defendants are entitled to absolute prosecutorial immunity for their alleged acts.The Fifth Circuit held that the district court was without jurisdiction to accept Wooten's second amended complaint; that her first amended complaint remains operative; and that this appeal is not moot. The court also held that it has jurisdiction to hear defendants' appeal regarding prosecutorial immunity and Defendant White and Abbott's official immunity claims. However, the court held that it lacked jurisdiction to hear any defendant's appeal on qualified immunity and Defendants Roach and Milner's claims to official immunity.On the merits, the court held that Defendants Roach, White, and Abbott are each entitled to absolute prosecutorial immunity. However, the court held that Defendant Milner is not shielded by absolute prosecutorial immunity because he was performing investigative functions that do not qualify for absolute immunity. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Wooten v. Roach" on Justia Law

In section 901 of the Family Smoking Prevention and Tobacco Control Act (TCA), Congress authorized the Secretary of Health and Human Services to determine which other products should be governed by the TCA's regulatory scheme. Plaintiffs filed suit against the FDA, its Commissioner, and the Secretary, asserting that Congress's delegation to the Secretary was unconstitutional.The Fifth Circuit affirmed the district court's dismissal of the complaint, holding that section 901's delegation to the Secretary does not violate the nondelegation doctrine. The court held that Congress undeniably delineated its general policy in the TCA; Congress plainly limited the authority that it delegated; and the relevant caselaw supports these conclusions. View "Big Time Vapes, Inc. v. FDA" on Justia Law

Hidalgo, which is in Chapter 11 bankruptcy, alleged that it was denied a Paycheck Protection Program (PPP) loan under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) based on its status as a bankruptcy debtor. The bankruptcy court ruled in favor of Hidalgo and issued a preliminary injunction mandating that the SBA handle Hidalgo's PPP application without consideration of its ongoing bankruptcy.The Fifth Circuit held, under well-established circuit precedent, that the bankruptcy court exceeded its authority when it issued an injunction against the SBA Administrator. The court explained that the issue at hand is not the validity or wisdom of the PPP regulations and related statutes, but the ability of a court to enjoin the Administrator, whether in regard to the PPP or any other circumstance. Accordingly, the court vacated the preliminary injunction. View "Hidalgo County Emergency Service Foundation v. Carranza" on Justia Law

Plaintiff filed suit against UTSMC, seeking recovery for UTSMC's alleged discrimination and retaliation under the Americans with Disabilities Act (ADA).The Fifth Circuit affirmed the district court's grant of UTSMC's Federal Rule of Civil Procedure 12(b)(1) motion to dismiss because UTSMC is an arm of the State of Texas and is entitled to Eleventh Amendment immunity. The court applied the Clark factors and held that UTSMC is entitled to arm-of-the-state status where statutes and legal authorities favor treating UTSMC as an arm of Texas; Texas law authorizes state treasury funds to be allocated to UTSMC from the permanent health fund for higher education and a judgment against UTSMC would interfere with Texas's fiscal autonomy; UTSMC does not operate with a level of local autonomy to consider it independent from Texas; because of UT System's statewide presence, components of the UT System shall not be confined to specific geographical areas; and the UT System has the power of eminent domain, and the land it acquires becomes property of the state. View "Daniel v. University of Texas Southwestern Medical Center" on Justia Law

Original petitioner filed suit under the Administrative Procedure Act (APA), challenging FWS's negative 90-day finding regarding the delisting of the Bone Cave harvestman arachnid as arbitrary and capricious. While the case was pending, the district court allowed intervening plaintiffs to separately argue that federal regulation of the purely intrastate species is unconstitutional because it exceeds Congress's power under the Commerce and Necessary and Proper Clauses. The district court subsequently rejected the intervening plaintiffs' arguments, but granted summary judgment to the original plaintiffs. FWS's negative 90-day finding was vacated and the FWS then issued a positive 90-day finding, beginning a 12-month review of whether the Bone Cave harvestman should be delisted.The Fifth Circuit dismissed the intervenor plaintiffs' appeal of the denial of their motion for summary judgment, holding that the appeal is alternatively moot or barred by sovereign immunity. Therefore, the court lacked jurisdiction to resolve the appeal. View "American Stewards of Liberty v. Department of Interior" on Justia Law

After ExxonMobil sought a revised Title V permit under the Clean Air Act concerning an expansion of a plant in Baytown, Texas, petitioners asked EPA to object on the grounds that the underlying Title I preconstruction permit allowing the expansion was invalid. EPA rejected petitioners' arguments and declined to object.The Fifth Circuit denied the petition for review, holding that EPA's interpretation that Title V permitting is not the appropriate vehicle for reexamining the substantive validity of underlying Title I preconstruction permits, is independently persuasive. Therefore, EPA's interpretation is entitled to the mild form of deference recognized by Skidmore v. Swift & Co., 323 U.S. 134 (1944). View "Environmental Integrity Project v. Environmental Protection Agency" on Justia Law