Designated for publication Ho, J. (Dennis, Elrod, Ho), administrative law Affirming summary judgment in favor of Department of Treasury in its administration of the Community Development Financial Institutions Fund (“the Fund”), and its decision to require repayment of approximately $12 million from OnPath to the Fund based on a materially misrepresented certification application by OnPath. … More July 1-5, 2023, opinions
Designated for publication Wiener, J. (Wiener, Higginson, Wilson), administrative law, standing Vacating district court’s preliminary injunction of Biden administration’s executive order establishing working group to formulate guidance on the “social cost of greenhouse gases” to be used by federal agencies in policymaking actions, and dismissing states’ suit seeking injunctive relief for lack of standing. As … More April 5, 2023, opinions
Designated for publication Wiener, J. (Wiener, Stewart, Engelhardt), breach of contract Affirming judgment that original ship owners were in default on their loan agreements for the mortgages that financed construction of the vessels, and that, under Panamanian law, the lenders’ preferred ship mortgages outranked the state-created liens of a purchaser who agreed to purchase the … More March 24, 2023, opinions
Designated for publication Smith, J. (Jones, Smith, Graves), administrative law Granting petition for review of Federal Railroad Administration refusal to grant waiver of standard track-inspection regulations so BNSF could test new technology, vacating FRA’s refusal order, and remanding. Following successful waivers and tests of automated track inspection technology, the FRA denied a waiver-request for wider … More March 15, 2023, opinions
Designated for publication per curiam (en banc Court); Clean Air Act, standing Ordering en banc rehearing, and vacating panel opinions in matter from July 29, 2020 (968 F.3d 357; Davis, Costa, Oldham; opinion by Costa, J.; dissent in part by Oldham, J.) and August 30, 2022 (47 F.4th 408; Davis, Costa, Oldham; opinion by Costa, … More February 27, 2023, opinions
Designated for publication Dennis, J. (King, Dennis, Ho), Ho, J., concurring in judgment only; administrative law, Administrative Procedures Act Granting petition brought by flight school to challenge FAA rule that prohibited flight school from offering a course using type-rated aircraft that would culminate in an airline transport pilot (“ATP”) certificate without a type rating, holding … More January 24, 2023, opinions
Designated for publication Southwick, J. (Southwick, Haynes, Higginson), securities law Reversing dismissal of securities claims (specifically, violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934) by pension plan investor against amusement park corporation based on alleged material misrepresentations and omissions regarding development of amusement parks in China, and remanding for further … More January 18-19, 2023, opinions
Catching up from traveling, so summaries of published opinions will not include the usual detail. Designated for publication Elrod, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J. (joined by Richman, C.J.), concurring in judgment only; Ho, J. (joined by Richman, Southwick, JJ.), concurring in part … More January 3-6, 2023, opinions
Designated for publication U.S. v. Crittenden, 18-50635, appeal from W.D. Tex. Costa, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Elrod, J., dissenting (joined by Dennis, Graves, JJ.); new trial, criminal Reversing new trial ordered by district court after jury had convicted defendant of drug conspiracy, … More August 17-18, 2022, opinions
Designated for publication Gulfport Energy Corp. v. Federal Energy Regulatory Commission, 21-60017, c/w 21-60200 (petition for review of FERC orders) Smith, J. (Davis, Smith, Engelhardt), bankruptcy, standing, administrative law Granting petition for review of FERC orders, and vacating the orders, which sought to bind the petitioner to continue performing its gas transit contracts even if … More July 19, 2022, opinions
