United States Court…

United States Court of Appeals for the District of Columbia Circuit

Every decision we've summarized from United States Court of Appeals for the District of Columbia Circuit.

Jul 30 2024
23-1064 Panel Decision

New Jersey Conservation Foundation v. Federal Energy Regulatory Commission

The D.C. Circuit vacated the Federal Energy Regulatory Commission's approval of a major natural gas pipeline, ruling that the agency arbitrarily overlooked significant environmental consequences and failed to adequately assess market need. The court held that FERC violated the National Environmental Policy Act and the Natural Gas Act by ignoring state mandates to reduce gas consumption and failing to properly balance the project's climate impacts.

Jul 30 2024
21-7127 Panel Decision

Exxon Mobil Corporation v. Corporación CIMEX, S.A. (Cuba), Corporación CIMEX, S.A. (Panama), and Unión Cuba-Petróleo

The D.C. Circuit held that the Cuban Liberty and Democratic Solidarity Act does not independently strip foreign sovereigns of immunity, leaving the Foreign Sovereign Immunities Act as the exclusive basis for jurisdiction. The court vacated the district court's ruling and remanded for further fact-finding on whether the defendants' current commercial operations in the United States satisfy the FSIA's commercial-activity exception.

Jul 26 2024
22-1335 Panel Decision

ENTERGY ARKANSAS, LLC v. FEDERAL ENERGY REGULATORY COMMISSION ARKANSAS PUBLIC SERVICE COMMISSION, ET AL Consolidated with 23-1111

The D.C. Circuit denied Entergy's petitions for review of the Federal Energy Regulatory Commission's approval of revised capacity market rules for the Midcontinent Independent System Operator. The court held that FERC provided a reasoned explanation for its decisions, satisfying the arbitrary and capricious standard of review.

Jul 24 2024
23-5178 Panel Decision

Karimova v. Abate

The D.C. Circuit affirmed the dismissal of a visa applicant's claim that a consular officer failed to make a final decision on her application. The court held that federal regulations do not impose a clear legal duty prohibiting officers from placing refused applications in administrative processing.

Jul 23 2024
22-5273 Panel Decision

JO SPENCE v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AND DENIS MCDONOUGH

The D.C. Circuit held that the liberal pleading standards typically afforded to pro se litigants do not automatically apply when the litigant is a licensed attorney. The court affirmed the district court's dismissal of most claims and its grant of summary judgment, ruling that the district court did not abuse its discretion in denying leniency to the pro se lawyer.

Jul 16 2024
23-1069 Panel Decision

HEALTHY GULF v. FEDERAL ENERGY REGULATORY COMMISSION COMMONWEALTH LNG, LLC Consolidated with 23-1071

The D.C. Circuit vacated and remanded the Federal Energy Regulatory Commission's authorization of a Louisiana LNG facility for failing to adequately explain its decision not to assess greenhouse gas significance and for inadequately analyzing cumulative nitrogen dioxide effects. However, the court denied the petitioners' request to vacate the order entirely, allowing the project to proceed while FERC corrects the identified environmental deficiencies.

Jul 16 2024
22-5231 Panel Decision

BARBARA KOWAL v. UNITED STATES DEPARTMENT OF JUSTICE

The D.C. Circuit affirmed summary judgment for federal law enforcement agencies in two Freedom of Information Act lawsuits, ruling that their searches for records regarding death row inmate Daniel Troya were adequate. The court further held that the agencies properly withheld documents under multiple FOIA exemptions to protect privacy, confidential sources, and law enforcement techniques.

Jun 26 2024
24-7028 Panel Decision

Qtaish v. Washington D.C.

The D.C. Circuit affirmed the district court's dismissal of Inez Qtaish's complaint for failing to meet federal pleading standards. The court held that the complaint lacked the required short and plain statement necessary to provide fair notice of the claim and its grounds.