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

Two sets of petitioners sought review of the EPA's final rule partially approving and partially disapproving the most recent revision to Texas's State Implementation Plan (SIP) submitted by the Texas Commission on Environmental Quality pursuant to the Clean Air Act. The portion of the SIP at issue created an affirmative defense against civil penalties for excess emissions during both planned and unplanned startup, shutdown, and maintenance/malfunction (SSM) events. The EPA approved the portion of the SIP revision providing an affirmative defense against civil penalties for unplanned SSM events and disapproved the portion of the SIP revision providing an affirmative defense against civil penalties for planned SSM events. The Fifth Circuit Court of Appeals denied both petitions for review, holding that the EPA did not act arbitrarily or capriciously, or contrary to law, or in excess of its statutory authority, in its partial approval and partial disapproval of Texas's SIP revision. View "Luminant Generation Co. v. EPA" on Justia Law

Claimant was employed by New Orleans Depot Services, Inc. (NODSI) as a mechanic from 1996 until 2002. Prior to his employment with NODSI, Claimant was employed by New Orleans Marine Contractors (NOMC) for five months. During his employment with both NODSI and NOMC, Claimant was exposed to loud noises on a continuous basis and did not use hearing protection. Claimant sought permanent partial disability benefits under the Longshore and Harbor Workers' Compensation Act for a hearing impairment. The ALJ determined that NODSI was liable for Claimants benefits as his last maritime employer. The Benefits Review Board (BRB) affirmed. The Fifth Circuit Court of Appeals affirmed, holding that there was substantial evidence to support the factual findings of the ALJ. View "New Orleans Depot Servs., Inc. v. Dir., Office of Worker's Comp. Programs" on Justia Law

Appellee, the City of New Orleans, enacted an automated traffic enforcement system ordinance (the Ordinance), which permitted the City to use automated cameras to detect speeding violations and cars entering an intersection against a red light. The district court dismissed Appellants' constitutional challenge to the Ordinance, concluding that the Ordinance (1) was civil in nature, (2) afforded constitutionally adequate due process, and (3) did not violate the Constitution's Ex Post Facto Clause. The Fifth Circuit Court of Appeals affirmed, holding the district court correctly found that the Ordinance (1) imposed a civil penalty rather than criminal penalties; (2) supplied constitutionally adequate process; and (3) did not violate the Ex Post Facto Clause. View "Bevis v. City of New Orleans " on Justia Law

This appeal involved a challenge to the 2011 Medicare payment rate set by the Secretary of Health and Human Services for partial hospitalization services. Paladin claimed that the Secretary's use of both hospital-based and community mental health center cost data in establishing and adjusting the 2011 relative payment weights and ultimate payment rate was in excess of her statutory authority. Paladin filed suit in district court without first presenting an administrative claim, alleging jurisdiction was proper under 28 U.S.C. 1331. The court found that Congress expressly precluded judicial review of the Secretary's determinations and that her actions were not a facial violation of a clear statutory mandate. Accordingly, the court affirmed the district court's dismissal for lack of subject matter jurisdiction. View "Paladin Commty Mntl Hlth Ctr, et al. v. Sebelius, et al." on Justia Law

Petitioner, the former employer of a retired longshoreman, challenged a Benefits Review Board (BRB) decision that overruled an ALJ twice and held petitioner liable for the longshoreman's hearing loss. The court held that the BRB erred in rejecting expert evidence in part and in then rejecting the ALJ's first conclusion based on his evaluation of the evidence. Further, the court need not reach the aggravation rule issue raised by petitioner. Because the BRB initially applied the wrong legal test and standard of review to the ALJ's decision, the court reversed. View "Ceres Gulf, Inc. v. DOWCP, et al" on Justia Law

Petitioners, non-profit environmental protection organizations, filed petitions for judicial review challenging sixteen Department of the Interior (DOI) plan approvals, issued between March 29 and May 20, 2010, under the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1331-1356a. The court concluded that: (1) petitioners' OCSLA-based challenges were justiciable, except for four, which have become moot; (2) the DOI's approval of the exploratory and development plans were subject to judicial review by the court under OCSLA, 43 U.S.C. 1349(c)(2); (3) petitioners' failure to participate in the administrative proceedings related to the DOI's approval of the plans as required by section 1349(c)(3) did not oust the court's jurisdiction because that participation requirement was a non-jurisdictional administrative exhaustion rule; but, (4) petitioners have not shown sufficient justification for excusing them from that exhaustion requirement in this case. Accordingly, except for four of petitioners' petitions for judicial review that were dismissed as moot, petitioners' petitions for judicial review were dismissed because of their failure to participate in the administrative proceedings. View "Gulf Restoration Network, Inc., et al. v. Salazar, et al.; Ctr for Biological Diversity v. Salazar, et al." on Justia Law

Plaintiff brought suit against the Board, arguing that the fee charged at the conclusion of his public intoxication and public inhabitation case violated his rights under the Sixth Amendment and Fourteenth Amendment because it discouraged public defenders from exonerating their clients. Louisiana's funding mechanism for indigent defense required indigent defendants who were found guilty, or plead nolo contendere, to pay a $35 fee at the conclusion of their cases, but it did not require defendants who were exonerated to pay the fee. The district court ruled that abstention was required under the Younger doctrine and, alternatively, that plaintiff did not state a claim for relief under the Sixth or Fourteenth Amendment. Because the court held that the district court did not err in abstaining from exercising jurisdiction over plaintiff's lawsuit, the court affirmed the judgment of the district court. View "Bice v. Louisiana Public Defender Bd" on Justia Law

This case required the court to review the EPA's disapproval, more than three years after the time within which it was statutorily required to act, of three regulations promulgated by the State of Texas. 30 Tex. Admin. Code 116.610(a), 116,610(b), and 116.617. Pursuant to Texas's duty under the Clear Air Act (CAA), 42 U.S.C. 7401 et seq., to adopt and administer a statewide plan for implementing federal air quality standards, those regulations provided a standardized permit for certain projects that reduce or maintain current emissions rates. Because the EPA had no legal basis on which to disapprove those regulations, the court vacated the agency's disapproval of Texas's regulations and remanded with instructions. View "Luminant Generation Co., et al. v. EPA" on Justia Law

Plaintiffs, nine children in the custody of PMC, filed suit under 42 U.S.C. 1983 against three Texas officials, in their official capacities, seeking to represent a class of all children who were now, and all those who will be, in the State's long-term foster care. The gravaman of plaintiffs' complaint is that various system-wide problems in Texas's administration of its PMC subjected all of the children in PMC to a variety of harms. Applying the standards announced in the Supreme Court's recent opinion, Wal-mart Stores, Inc. v. Dukes, the court held that the district court failed to conduct the "rigorous" analysis required by Rule 23 in deciding to certify the proposed class. The court also held that the district court abused its discretion by certifying a class that lacked cohesiveness under Rule 23(b)(2). Accordingly, the court vacated the district court's class certification order and remanded for further proceedings. View "M.D., et al. v. Rick Perry, et al." on Justia Law

The City appealed the district court's summary judgment enjoining it from implementing a purported housing ordinance that required all adults living in rental housing within the City to obtain an occupancy license conditioned upon the occupant's citizenship or lawful immigration status. The court concluded that the ordinance's sole purpose was not to regulate housing but to exclude undocumented aliens, specifically Latinos, from the City and that it was an impermissible regulation of immigration. The court held that the ordinance was unconstitutional and presented an obstacle to federal authority on immigration and the conduct of foreign affairs. Therefore, the court affirmed the judgment of the district court. View "Villas at Parkside Partners, et al. v. City of Farmers Branch, Texas" on Justia Law