Roundup: Trump-Era Agency Policy in the Courts

International Brotherhood of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration, 986 F.3d 841 (9th Cir. 2021)

January 15, 2021: A federal appeals court held that the Federal Motor Carrier Safety Administration’s decision that California’s meal and rest break rules for commercial motor vehicles was preempted was a permissible interpretation of the Motor Carrier Safety Act of 1984.  

University of Texas M.D. Anderson Cancer Center v. Department of Health and Human Services, 985 F.3d 472 (5th Cir. 2021)

January 13, 2021: A federal appeals court held that Health and Human Services had violated its regulations in assessing a fine for Health Insurance Portability and Accountability Act.

Pangea Legal Services v. Department of Homeland Security, No. 20-07721 (N.D. Cal. Jan. 8, 2021)

January 8, 2021: A federal district court enjoined a Department of Justice and Department of Homeland Security final rule, which created new categories of crimes—beyond those statutorily delineated by Congress—that would bar individuals from asylum eligibility, finding that the rule was contrary to Congress’s intent and exceeded the agencies’ regulatory authority.

Teva Pharmaceuticals USA, Inc. v. Food and Drug Administration, 2020 WL 7828788 (D.D.C. 2020)

December 31, 2020: A federal district court in D.C. rejected drug maker claims that the Food and Drug Administration should be compelled to regulate product used to treat multiple sclerosis as a biological product under Public Health Service Act rather than as a drug under the Food, Drug, and Cosmetics Act.

State v. Environmental Protection Agency, 983 F.3d 826 (5th Cir. 2020)

December 23, 2020: A federal appeals court held that Environmental Protection Agency had not unreasonably designated Bexar County, Texas as in nonattainment and three neighboring counties as in attainment with the 2015 Ozone National Ambient Air Quality Standards.

Association of Community Cancer Centers v. Azar, No. 20-3531, 2020 WL 7640818 (D. Md. Dec. 23, 2020)

December 23, 2020: A federal district court in Maryland enjoined the Centers for Medicare and Medicaid Services from implementing its “Most Favored Nation” drug pricing model—which would tie payment and reimbursement for Medicare Part B drugs to the lowest prices paid internationally, after concluding that the agency violated notice-and-comment requirements.

In re Gateway Radiology Consultants, P.A., 983 F.3d 1239 (11th Cir. 2020)

December 22, 2020: A federal appeals court held that the Small Business Administration permissibly excluded bankruptcy debtors from the Paycheck Protection Program established pursuant to the Coronavirus Aid, Relief, and Economic Security Act. The court reversed a lower court ruling to the contrary. Other courts agreed with the appeals court. See, e.g., In re Penobscot Valley Hospital, No. 19-10034, 2021 WL 150412 (Bkrtcy.D.Me. 2021).

Center for Biological Diversity v. Bernhardt, 982 F.3d 723 (9th Cir. 2020)

December 7, 2020: A federal appeals court vacated the Department of Interior’s Bureau of Ocean Energy Management’s approval of an offshore oil drilling and production facility along the coast of Alaska in the Beaufort Sea, finding that the Bureau acted arbitrarily and capriciously in failing to quantify—or explain why it could not quantify—the emissions resulting from foreign oil consumption in its Environmental Impact Statement, as required by the National Environmental Policy Act.

Chamber of Commerce v. Department of Homeland Security, No. 20-07331, 2020 WL 7043877 (N.D. Cal. Dec. 1, 2020)

December 1, 2020: A federal district court set aside two interim final rules promulgated by the Department of Labor and the Department of Homeland Security—which imposed salary requirements on firms employing foreign skilled workers and enacted new restrictions on the types of jobs that qualified as “specialty occupations”—finding that the agencies violated notice and comment requirements.

Doe 1 v. Department of Homeland Security, 2020 WL 6826200 (C.D.Cal.  2020), affirmed 2021 WL 227955 (9th Cir. 2021)

November 20, 2020: A federal district court held that the Department of Homeland Security had not violated notice and comment requirements or the reasoned explanation requirement in adopting a policy barring student visas for first-year foreign students who were studying 100% online, a policy which had the effect of barring those students from participating in their intercollegiate sports programs.

Pangea Legal Services v. Department of Homeland Security, No. 20-07721, 2020 WL 6802474 (N.D. Cal. Nov. 19, 2020)

November 19, 2020: A federal district court enjoined the implementation of a Department of Homeland Security rule—which created new categories of crimes, beyond those prescribed by Congress, that would bar applicants from being eligible for asylum—finding that the rule was contrary to Congressional intent as expressed in the Refugee Act of 1980, was arbitrary and capricious for failure to provide a reasoned explanation, and failed to provide adequate notice and opportunity for public comment.  

California v. Azar, No. 19-02552 (N.D. Cal. Nov. 17, 2020), appeal filed (9th Cir. No. 21-15091)

November 17, 2020: A federal district court vacated the Center for Medicaid Services’ 2018 policy —which reversed course from the agency’s 2014 regulation—barring states from processing payroll deductions for home care workers and instead requiring the workers to make payments for health insurance, union dues, and similar benefits on their own after receiving payment from the state, holding that the policy was based on an erroneous interpretation of the relevant provision of the Medicaid statute.

WildEarth Guardians v. Bernhardt, No. 16-01724, 2020 WL 6701317 (D.D.C. Nov. 13, 2020), appeal dropped (D.C. Cir. 21-5023)

November 13, 2020: A federal district court held that in authorizing numerous oil and gas leases on federal land in Wyoming, the Bureau of Land Management failed to take a “hard look” at greenhouse gas emissions, as required under the National Environmental Protection Act. The court enjoined the agency from issuing new permits or authorizing drilling pursuant to the leases, until the agency supplemented its analysis.

Kiakombua v. Wolf, No. 19-1872, 2020 WL 6392824 (D.D.C. 2020), appeal dropped (D.C. Cir. 20-5372)

October 31, 2020: a federal district court in D.C. vacated a manual used to determine whether noncitizens had credible fear of persecution or torture unlawfully directed asylum officers to make credible fear determinations on the grounds that it was inconsistent with immigration laws and ordered the agency to provide the plaintiffs with new credible fear screening interviews.

Massachusetts Fair Housing Center v. Department of Housing and Urban Development, No. 20-11765, 2020 WL 6390143 (D. Mass. 2020), appeal dropped (1st Cir. 21-1003)

October 25, 2020: A federal district court in Massachusetts enjoined HUD’s new rule regarding discriminatory practice under the Fair Housing Act, holding that the agency had failed to provide a reasoned explanation for weakening protections for housing discrimination victims under the statute.

Scholl v. Mnuchin, No. 20-05309, 2020 WL 6065059 (N.D.Cal. 2020)

October 14, 2020: A federal district court in California vacated the Internal Revenue Service's policy denying payments under Coronavirus Aid, Relief, and Economic Security Act to incarcerated and formerly incarcerated individuals, holding that the agency had failed to provide a reasoned explanation for the decision and that the agency had violated the statute by failing to make individualized determinations as required by the statute.

Altamaha Riverkeeper v. United States Army Corps of Engineers, No. 418-251, 2020 WL 5837650 (S.D. Ga. Sept. 30, 2020)

September 30, 2020: A federal district court upheld the Army Corps of Engineers’ permit allowing a real estate developer to use an offshore source to renourish the beach in front of a development, finding that the Corps’ permit grant was not arbitrary and capricious, for the Agency had adequately analyzed practicable alternatives as required under the Clean Water Act, had engaged in the requisite hard look required by the National Environmental Policy Act before making its finding that there would be no significant environmental impact, and appropriately determined that subsequent permit modifications did not significantly increase the scope of the permitted activity so as to require a new application procedure.

Data Marketing Partnership, LP v. Department of Labor No 19-00800, 2020 WL 5759966 (N.D. Tex. September 28, 2020), appeal filed (5th Cir. 20-11179)

September 28, 2020: A federal district court in Texas enjoined the Department of Labor’s decision that the partnership did not quality for coverage under the Employee Retirement Income Security Act, holding that the decision imposed requirements that were outside of what the law required.

Bullock v. Bureau of Land Management, No. 20-00062, 2020 WL 5746836 (D. Mont. Sept. 25, 2020), appeal dismissed as moot (9th Cir. 20-36129)

September 25, 2020: A federal district court in Montana set aside two Resource Management Plans that had been finalized under the authority of William Perry Pendley —the Lewistown plan and the Missoula plan—which, if implemented, would have reduced protections for fish and wildlife habitat, cultural resources, and recreational uses on federal lands in Montana. The court held that Pendly—who had been appointed by the Secretary of the Interior as Acting Director of the Bureau of Land Management, but had not been confirmed by the Senate—was unlawfully serving in that role, in violation of the Appointments Clause of the U.S. Constitution, the Federal Vacancies Reform Act of 1998, and the Administrative Procedure Act, and that any decisions issued by Pendley were arbitrary and capricious.

Genus Lifesciences, Inc. v. Azar, No. 20-00211, 2020 WL 5530218 (D.D.C. September 15, 2020)

September 15 2020: A federal district court in DC held that the Food and Drug Administration had failed to provide a reasoned explanation for approving a competitor’s drug during a period when Genus Lifesciences claimed the right to market its drug exclusively.

Gilliam v. Department of Agriculture, No 20-3504, 2020 WL 5501220 (E.D. Pa. September 11, 2020), appeal dropped (3rd Cir. 20-3152).

September 11, 2020: A federal district court in Pennsylvania enjoined a policy that barred certain families from receiving emergency Supplemental Nutrition Assistance Program allotments under the Families First Coronavirus Response Act (FFCRA), holding that the policy violated the statute.

Wild Virginia et al v. Council on Environmental Quality et al, Docket No. 20-00045 (W.D. Va. Jul 29, 2020)

September 11, 2020: A federal district court in Virginia denied plaintiffs’ motion for an order enjoining new regulations governing environmental reviews.

Nat'l Urban League v. Ross, No. 20-05799, 2020 U.S. Dist. LEXIS 162878 (N.D. Cal. Sep. 5, 2020), stay granted No. 20A62, 2020 U.S. LEXIS 5052 (U.S.S.C. Oct. 13, 2020), appeal dropped (20-16868)

September 5, 2020: A federal district court temporarily stayed the Commerce Department's plan to end the census count one month early and deliver the population data to the White House several months early. On September 24, the court then issued a preliminary injunction preventing the early conclusion, holding that the plan violated Administrative Procedure Act's notice-and-comment and reasoned decisionmaking requirements.

New York v. National Highway Traffic Safety Administration, No. 19-2395, 2020 WL 5103860 (2d. Cir. Aug. 31, 2020)

August 31, 2020: A federal appeals court in New York held that NHTSA's rule reducing penalties that automakers pay for violating fuel-economy standards was not authorized under the 2015 Federal Civil Penalties Inflation Adjustment Act Improvements Act.

Sierra Club v. Environmental Protection Agency, No. 19-2562, 2020 WL 5051536 (3d Cir. Aug. 27, 2020)

August 27, 2020: The court vacated the agency's approval of a Pennsylvania air quality standard, holding that the agency had failed to adequately explain and support the emissions limits it placed on a coal-burning plant in Pennsylvania.

Washington v. Devos, No. 20-1119, 2020 WL 5079038 (W.D. Wash. Aug. 21, 2020)

August 21, 2020: A federal district court in Washington enjoined a Department of Education interim final rule that favored private schools when disbursing funding under the Coronavirus Aid, Relief, and Economic Security Act, finding that the Department lacked authority to promulgate the rule and that the Act unambiguously directed funding to be allocated with a focus on those in greatest need, such as low-income children and disadvantaged communities.

Center for Biological Diversity v. Bernhardt, No. 20-165 (D.D.C.)

August 18, 2020: After being sued for violating the Endangered Species Act for failing to protect seven pangolin species, the agency entered into a settlement with plaintiffs agreeing to a schedule for issuing rule regarding the species.

Walker v. Azar, No. 20-2834, 2020 WL 4749859 (E.D.N.Y. Aug. 17, 2020), appeal dropped (2d. Cir. 20-3827)

August 17, 2020: A federal district court in New York enjoined the Department of Health and Human Services’ repeal of a rule defining discrimination on the basis of “sex” under Section 1557 of the Affordable Care Act to include discrimination on the basis of gender identity and sexual stereotyping, finding that the agency had failed to consider an important aspect of the problem, specifically, the impact of the Supreme Court’s interpretation of similar language in Bostock v. Clayton Cty., Ga., 140 S. Ct. 1731 (2020).

Natural Resources Defense Council v. Department of the Interior, No. 18-4596, 2020 WL 4605235 (S.D.N.Y. Aug. 11, 2020), appeal dropped (20-3491)

August 11, 2020: A federal district court in New York vacated a Department of the Interior memorandum and subsequent guidance, which had abandoned the agency’s prior, more protective, interpretation of prohibited “takings” and “killings” of migratory birds imposed under the Migratory Bird Treaty Act of 1918, after finding the agency’s new interpretation was contrary to the purpose of the Act.

New York v. Department of Labor, No. 20-3020, 2020 WL 4462260 (S.D.N.Y. Aug. 3, 2020)

August 3, 2020: A federal district court in New York vacated major components of a Department of Labor rule which limited the availability of family leave under the Families First Coronavirus Response Act, after finding that the rule contravened Congress's intent in the Act.

New Jersey v. Wheeler, 20-1425, 2020 WL 4331604 (S.D.N.Y. July 28, 2020)

July 28, 2020: A federal district court in New York ordered EPA to comply with a court-ordered schedule in promulgating federal plans requiring states to comply with a 2008 limit on emissions that contribute to downwind ozone problems, after finding that EPA failed to comply with a nondiscretionary duty under the Clean Air Act.

California v. Department of Health and Human Services, No. 20-00682, 2020 U.S. Dist. LEXIS 127490 (N.D. Cal. July 20, 2020), appeal dropped (9th Cir. No. 20-16802)

July 20, 2020: A federal district court held that the U.S. Department of Health and Human Services' rule requiring health-insurance issuers to collect separate payments from policy holders for abortion and non-abortion services by requiring enrollees to receive two separate bills, and to make two separate payments, was arbitrary and capricious for failure to provide a reasoned explanation, and therefore in violation of the Administrative Procedure Act.

California v. Bernhardt, No. 18-05712, 2020 WL 4001480 (N.D. Cal July 15, 2020), appeal filed (9th Cir. No. 20-16793)

July 15, 2020: A federal district court in California vacated the Department of Interior's rescission of the Waste Prevention Rule. The court held that the agency failed to meet its obligations under the Mineral Leasing Act and National Environmental Policy Act, failed to provide a reasoned explanation for its recission, and violated notice and comment requirements under the Administrative Procedure Act. (Two previous delays were also struck down in court. See the entries below dated February 22, 2018 and October 4, 2017).

New York v. Environmental Protection Agency, 964 F.3d 1214 (D.C. Cir. 2020)

July 14, 2020: A federal appeals court in D.C. vacated an EPA decision that denied New York State's petition for the agency to find that power plants in nine nearby states were violating the Good Neighbor Provision of the Clean Air Act.

Clean Wisconsin v. Environmental Protection Agency, 964 F.3d 1145 (D.C. Cir. 2020)

July 10, 2020: A federal appeals court in D.C. held that EPA's reviews of area attainment designations (as required by the Clean Air Act for National Ambient Air Quality Standards) that did not require stricter pollution controls for smog were not sufficient in at least seven counties and required additional explanation. Some violated the Clean Air Act's requirement of reasoned decision making.

Ramirez v. Immigration and Customs Enforcement, No. 18-508, 2020 WL 3604041 (D.D.C. 2020)          

July 2, 2020: A federal district court in D.C. held that the Immigration and Customs Enforcement had violated the Trafficking Victims Protection Reauthorization Act by placing children who turned 18 while in custody into adult detention settings without giving less-restrictive settings the consideration required.

Kindred Healthcare, Inc. v. Azar, No. 18-650, 2020 WL 3574614 (D.D.C. July 1, 2020)

July 1, 2020: A federal district court in D.C. granted Plaintiff’s motion for summary judgment, holding that a requirement that hospital receive a Medicaid denial prior to seeking Medicare reimbursement for bills incurred in caring for indigent patients, even when the hospital was not enrolled in Medicaid and thus could not obtain the denial, violated the Bad Debt Moratorium in Medicare. 

Citizens for Pennsylvania's Future v. Wheeler, No. 19-02004, 2020 WL 3481425 (N.D.Cal. June 29, 2020)

June 29, 2020: A federal district court in California held that EPA violated its duty under the Clean Air Act to regulate coke ovens. The court dismissed plaintiffs’ claim that EPA also had a recurring duty to update the standards, for lack of subject matter jurisdiction.

California v. Wheeler, No. 20-3005, 2020 WL 3403072 (N.D.Cal. June 19, 2020)

June 19, 2020: A federal district court in California denied a motion for a preliminary injunction enjoining the Navigable Waters Rule. Separately, a federal district court in Colorado enjoined the rule in Colorado only. See Colorado v. U.S. Environmental Protection Agency, No. 20-cv-1461, 2020 WL 3402325, at (D.Colo. 2020).

Oregon-California Trails Association v. Walsh, No. 19-1945, 2020 WL 3268814 (D. Colorado 2020)        

June 17, 2020: A federal district court in Colorado vacated a permit related to a transmission line after finding that the Fish and Wildlife Service had not complied with the Endangered Species Act in multiple respects.

Friends of Animals v. Bernhardt, 961 F.3d 1197 (D.C. Cir. 2020)

June 16, 2020: A federal appeals court in D.C. upheld a U.S. Fish and Wildlife Service policy allowing the agency to proceed through informal adjudication when deciding whether to allow trophy imports of species classified as "threatened" under the Endangered Species Act. (A previous and related policy was struck down. See the entry dated March 1, 2018.) 

National Wildlife Federation v. Department of Transportation, 960 F.3d 872 (6th Cir. 2020)

June 5, 2020: A federal appeals court held that the Department of Transportation and Pipeline and Hazardous Materials Safety Administration had not violated the Endangered Species Act or National Environmental Policy Act in approving two pipeline oil spill response plans related a pipeline that runs across the Great Lakes region. With this ruling, the court reversed a lower court ruling.

Natural Resources Defense Council v. Environmental Protection Agency, 961 F.3d 160 (2d Cir. 2020)

June 5, 2020: A federal appeals court held that EPA's rule exempting certain importers of products that have mercury-containing components from reporting requirements was unlawful under the Toxic Substances Control Act. The court upheld two other mercury importer exemptions after finding that the additional reporting requirements sought by petitioners would have been duplicative.

Montana Wildlife Federation v. Bernhardt, No. 18-69, 2020 WL 2615631 (D.Mont. 2020), appeal dismissed (9th Cir. No. 20-35658)

May 22, 2020: A federal district court in Montana held that 440 oil and gas leases of federal land in sage-grouse habitat were invalid, because the Bureau of Land Management had failed to follow its own rules designed to protect the species, and the leases were therefore in violation of the Federal Land Policy and Management Act. On August 25, 2020, the district court partially stayed its order pending appeal.

Southeast Alaska Conservation Council v. Forest Service, 443 F. Supp. 3d 995 (D. Alaska 2020), appeal filed (9th Cir. No. 20-35738)

May 11, 2020: A federal district court in Alaska held that the Forest Service’s plan to allow timber sales on Prince of Wales Island violated the Alaska National Interest Lands Conservation Act, National Environmental Policy Act, National Forest Management Act.

Cty. of Maui v. Haw. Wildlife Fund, 140 S.Ct. 1462 (2020)

April 23, 2020: The U.S. Supreme Court adopted a new test for determining if a facility's discharge into groundwater violated the Clean Water Act. In doing so, the court rejected EPA's Interpretive Statement, which would have allowed for easy evasion of the statute's purposes.

In re Natural Resources Defense Council, Inc., 956 F.3d 1134 (9th Cir. 2020)

April 22, 2020: A federal court of appeals in California held that EPA unreasonably delayed regulating tetrachlorvinphos, a pesticide found in household pet products and which poses a serious risk to the neurodevelopmental health of children, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act.

La. Envtl. Action Network v. Environmental Protection Agency, 955 F.3d 1088 (D.C. Cir. 2020)

April 21, 2020: A federal appeals court held that the Environmental Protection Agency’s 2017 emissions standards for hazardous air pollutants did not include all of the toxic substances that were necessary to include. The court remanded the rule to EPA for the agency to set limits on the missing pollutants.

Northern Plains Resource Council v. Army Corps of Engineers, No. 19-44, 2020 WL 1875455 (D.Mont. 2020), amended 2020 WL 3638125 (D. Mont. May 11, 2020), appeal filed (9th Cir. No. 20-35412), partial stay entered (U.S.S.C. No. 19A1053)

April 15, 2020: A federal district court held that the Army Corps of Engineers' reissuance of a nationwide permit necessary for projects involving utility lines and associated facilities (known as "Nationwide Permit 12"), without the appropriate environmental review violated the Endangered Species Act.

Friends of Capital Crescent Trail v. Army Corps of Engineers No. 19-106, 453 F. Supp. 3d 804, 2020 WL 1849704 (D. Md. April 13, 2020), affirmed, 855 F. App'x. 121 (4th Cir. 2021)

April 13 2020: A federal district court in Maryland held that the Army Corps had not violated the National Environmental Policy Act or the Clean Water Act in making its decision to grant a dredge and fill permit to related to the development of a light rail line.

In May 2021 (after President Biden was inaugurated) the 4th Circuit affirmed.

NRDC v. McCarthy, No. 19-00055, 2020 U.S. Dist. LEXIS 61786 (D. Utah Apr. 7, 2020), affirmed, 993 F.3d 1243 (10th Cir. 2021).

April 7, 2020: A federal district judge in Utah upheld the Bureau of Land Management's decision to lift a temporary closure order on cross-country off-highway vehicle travel in the Factory Butte area of Utah, rejecting plaintiffs’ claim that environmental review was required under the National Environmental Policy Act.

In April 2021 (after President Biden was inaugurated), the 10th Circuit affirmed the lower court's decision.

Friends of Animals v. Bernhardt, No. 18-064, 2020 WL 1466422 (D. Mont. March 26, 2020), reversed, 997 F.3d 1010 (9th Cir. 2021).

March 26, 2020: A federal district court in Montana held that the agency’s new requirement that plaintiffs notify the appropriate state agency prior to filing a petition under the Endangered Species Act did not violate the statute.

In May 2021 (after President Biden was inaugurated), the 9th Circuit reversed, holding that the requirement was inconsistent with the Endangered Species Act's statutory scheme.

Voyageur Outward Bound Sch. v. United States, 444 F. Supp. 3d 182 (D.D.C. 2020), appeal dismissed as moot (D.C. Cir. No. 20-5097)

March 17, 2020: A federal district court in D.C. rejected plaintiffs’ challenge to Interior’s decision to reinstate two mining leases near the Boundary Waters wilderness, holding that the agency had authority to reconsider its prior decision and that the agency did not violate contract principles.

District of Columbia v. Department of Agriculture, No. 20-119, 2020 U.S. Dist. LEXIS 43853 (D.D.C. March 13, 2020), appeal dismissed as moot (D.C. Cir. No. 20-5136)

March 13, 2020: A federal district court enjoined a U.S. Department of Agriculture rule that would cause approximately 700,000 people to lose access to their benefits under the Supplemental Nutrition Assistance Program (SNAP). The court found that the agency violated its governing statute and failed to provide a reasoned explanation for the rule. On October 18, 2020, the federal district court vacated the ’s rule, finding that the agenct failed to provide adequate notice, failed to provide a reasoned explanation, and failed to address critical comments.

Itserve Alliance, Inc. v. Cissna, 18-2350, 443 F. Supp. 3d 14 (D.D.C. March 10, 2020)

March 10, 2020: A federal district court in D.C. held that Citizenship and Immigration Service’s 2018 policy regarding H-1B visa petitions for IT consulting businesses violated the Immigration and Nationality Act.

Washington v. Department of State, 2020 U.S. Dist. LEXIS 39608 (W.D. Wash. March 6, 2020), rev'd on other grounds, 996 F.3d 552 (9th Cir. 2021).

March 6, 2020: A federal district court in Washington enjoined the Department of State and the Department of Commerce’s rules that would have allowed wide publication of technical data files related to 3D-printed guns, because the agencies ignored prior findings regarding the danger of such publication, violated notice-and-comment requirements, and failed to make their decision based on factors required by Congress. On November 12, 2019, the district court had vacated a prior attempt to release the files. 

In April 2021 (after President Biden was inaugurated), the 9th Circuit reversed, vacated the injunction, and remanded with instructions to dismiss, based on a finding that judicial review of the agency's action was precluded.

High Country Conservation Advocates v. Forest Service, No 18-1374, 951 F.3d 1217 (10th Cir. March 2, 2020)

March 2, 2020: A federal appeals court held that Forest Service acted arbitrarily and capriciously in eliminating a proposed alternative that would remove a roadless portion of project area from the West Elk mining area, but that the agency did not act arbitrarily and capriciously in eliminating a detailed study of methane flaring alternative. The court reversed a lower court ruling.

Natural Resources Defense Council v. Environmental Protection Agency, 438 F. Supp. 3d 220 (S.D.N.Y. 2020)

Feb. 10, 2020: A federal district court in New York held that an EPA directive illegally prohibited EPA grant recipients from sitting on the EPA's science advisory committees.  The court found that EPA had failed to provide a reasoned explanation for its changed policy.  In April, the district court vacated the directive. See NRDC v. EPA, No. 19-5174, 2020 U.S. Dist. LEXIS 66162 (S.D.N.Y. Apr. 15, 2020). Separately, a federal appeals court in Massachusetts has also held that EPA's directive is judicially reviewable. A federal appeals court in D.C. made a similar holding. 

Guilford College v. Wolf, No 18-891, 2020 WL 586672 (M.D.N.C. February 6, 2020)

February 6, 2020: A federal district court in North Carolina held that a new policy related to visa overstays issued by the United States Citizenship and Immigration Services (USCIS) was invalid and should be enjoined, because it violated the Immigration and Nationality Act and notice-and-comment requirements.

National Association of Manufacturers v. Department of Treasury, No. 19-00053, 427 F. Supp. 3d 1362 (C.I.T. 2020), affirmed, 10 F.4th 1279 (Fed. Cir. 2021).

January 24, 2020: A federal trade court held that certain tariff regulations violated the Tariff Act.

In August 2021 (after President Biden was inaugurated), the Federal Circuit affirmed.

Center for Biological Diversity v. Ross, No. 19-03135, 2019 WL 7020195 (N.D. Cal. Dec. 20, 2019)

December 20, 2019: A federal district court vacated the National Marine Fisheries Service’s issuance of an exempted fishing permit—which would have allowed two ships to engage in commercial longline fishing in the West Coast Exclusive Economic Zone for two years and would have endangered the survival and recovery of Pacific leatherback sea turtles and other endangered species—holding that the permit issuance violated the Endangered Species Act on account of the Service’s disregarded for the best available science and binding case law.

Everglades Harvesting and Hauling, Inc. v. Scalia, No. 19-3291, 427 F. Supp. 3d. 101, 2019 WL 6841948 (D.D.C. December 16, 2019)

December 16, 2019: A federal district court in DC enjoined the agencies’ new policy related to the foreign work program after holding that the plaintiffs were likely to succeed in showing that the agencies’ interpretation of the Immigration and Nationality Act violated the statute.

Northern Alaska Environmental Center v. Department of the Interior, No. 19-35008, 2018 WL 6424680 (D. Alaska), affirmed 965 F.3d 705 (9th Cir. 2020).

December 6, 2019: A federal district court in Alaska rejected a challenge to the Trump administration's decision to rely on the Obama administration's prior environmental review of two lease sales in the National Petroleum Reserve-Alaska, holding that plaintiffs had waived their claims. The court of appeals affirmed, holding that the Trump administration decision was justified and that plaintiffs had waived a claim that the administration was required to supplement that analysis.

Sierra Club v. Rick Perry, No. 17-2700 (D.D.C. Nov. 22, 2019)

November 22, 2019: The Department of Energy agreed to comply with a schedule for issuing energy efficiency standards for manufactured housing in satisfaction of 42 U.S.C. 17071(a)(1).

Washington v. Department of State, 420 F. Supp. 3d 1130 (W.D. Wash. 2019) 

November 12, 2019: A federal district court vacated the Department of State’s decision to remove a licensing requirement that would allow the wide release of technical files for 3D-printed guns.  The court found that the agency failed to provide a reasoned explanation for the new policy and violated the Arms Export Control Act.

Conservation Congress v. Forest Service No. 18-02404, 2018 WL 5629335 (E.D. Cal. Oct. 2018)

October 30, 2019: A federal district court in California denied a motion to enjoin a Forest Service project designed to remove fire-damaged trees, holding that the agency had not violated the National Environmental Policy Act or the National Forest Management Act.  The court later denied plaintiff’s motion for summary judgment as well. Conservation Congress v. Forest Service, 409 F. Supp. 3d 861 (E.D. Cal. 2019).

Western Watersheds Project v. Schneider, 417 F. Supp. 3d 1319 (D. Idaho 2019), appeal dropped (9th Cir. 19-36065)

October 16, 2019: A federal court enjoined the Bureau of Land Management’s 2019 Sage-Grouse Plan Amendments, which weakened the 2015 Plans and allowed expanded drilling, mining, and other destructive activity in sage-grouse territory in violation of the National Environmental Protection Act, the Federal Land Policy Management Act, and the National Forest Management Act.

Southeast Alaska Conservation Council et al v. Stewart et al, No. 18-00005 (D. Alaska)

Oct 9, 2019: After being sued for violating the National Environmental Policy Act, the United States Forest Service agreed not to proceed with the Kuiu Timber Sale in Tongass National Forest and the case was dismissed without prejudice.  

New York v. Environmental Protection Agency, 781 F. App'x 4 (D.C. Cir. 2019)

October 1, 2019: A federal appeals court held that EPA had impermissibly allowed upwind states to continue emitting air pollution that significantly contributes to downwind air quality problems in violation of its statutory authority.

National Audubon Society v. Army Corps of Engineers, No. 17-162, 420 F. Supp. 3d 409 (E.D. N.C. 2019), affirmed 2021 WL 1152922 (4th Cir. 2021)

Sept. 25, 2019: A federal district court in North Carolina held that the Army Corps had complied with National Environmental Policy Act in granting a dredge and fill permit for a project designed to reduce erosion to beach and island property. 

East Bay Sanctuary Covenant v. Barr, 385 F. Supp. 3d 922 (N.D. Cal. 2019), stayed Barr v. East Bay Sanctuary Covenant, 140 S. Ct. 3 (2019), affirmed East Bay Sanctuary Covenant v. Trump, 950 F.3d 1242 (9th Cir. 2020), 2020 WL 3637585 (9th Cir. July 6, 2020) 

September 9, 2019: A federal district court in California enjoined a rule that categorically denied asylum to those entering the United States at the southern border who did not first apply for asylum in another country. The court found that the Department of Justice violated the Administrative Procedure Act’s notice-and-comment requirement, failed to provide a reasoned explanation for the rule, and violated Congress’ underlying statutory regime. A separate federal district court in D.C. later vacated the rule for failure to comply with notice-and-comment requirements.

Clean Water Action v. Environmental Protection Agency, 936 F.3d 308  (5th Cir. 2019)

August 28, 2019: A federal appeals court held that EPA’s postponement of compliance dates for restrictions on toxic-metal wastewater discharges from power plants was not arbitrary and capricious. (This is the second delay of that rule. A previous delay was withdrawn. See the entry dated September 18, 2017.)

J.O.P. v. Department of Homeland Security, No. 19-1944, 409 F. Supp. 3d 367 (D. Maryland 2019)

August 2, 2019: A federal district court in Maryland granted a temporary restraining order against Department of Homeland Security’s policy change regarding unaccompanied children seeking asylum, holding that the agency had not satisfied notice-and-comment requirements and that the agency had failed to provide a reasoned explanation for the policy. The court later granted a preliminary injunction. J.O.P. v. Department of Homeland Security, 2020 WL 7489017 (D.Md. 2020), appeal filed (4th Cir. 21-1187).

Center for Biological Diversity v. Fish & Wildlife Service, 409 F. Supp. 3d 738 (D. Ariz. 2019), appeal filed (9th Cir. No. 19-17586)

July 31, 2019: A federal district court held that the Forest Service’s approval and grant of permission to conduct a large-scale open-pit mining operation within the boundaries of the Colorado National Forest was arbitrary and capricious, for failure to consider the mining company’s plans to dump waste dump its waste, and the agency had misapplied its mining regulations. The court further concluded that the Service had inappropriately applied its mining regulations pertaining to mining on federal lands to this open-pit mine and had failed to take the statutorily required hard look at alternative options to approving the open-pit mine.

Defenders of Wildlife v. Department of the Interior No 18-2090, 931 F.3d 339, 2019 WL 3366598 (4th Cir. July 26, 2019)

July 26, 2019: A federal appeals court vacated a 2018 Biological Opinion and Incidental Take Statement issued by the Fisheries and Wildlife Service, holding that the agency’s conclusion that a proposed pipeline would not jeopardize endangered rusty patched bumble bee’s and clubshell’s survival and recovery was arbitrary and capricious for failure to address prior contradictory findings and failure to consider important aspects of the problem. The agency also violated the Endangered Species Act’s requirements on take limits for the endangered Indiana bat and threatened Madison Cave isopod.

Association for Community of Affiliated Plans v. Department of the Treasury, 392 F. Supp. 3d 22 (D.D.C. 2019), affirmed 2020 WL 4032806 (D.C. Cir. July 17, 2020)

July 17, 2019: A federal district court in D.C. held that the updated “short-term limited duration insurance” (STLDI) rule is consistent with the Affordable Care Act. In July 2020, a federal appeals court affirmed. 

Merck & Co., Inc. v. Department of Health & Human Services, 385 F. Supp. 3d 81 (D.D.C. 2019), affirmed 962 F.3d 531 (D.C. Cir. 2020)

July 8, 2019: A federal district court in D.C. held that a Department of Health and Human Services rule requiring drug manufacturers to post drug prices in T.V. ads was not statutorily authorized.

Department of Commerce v. New York, 139 S.Ct. 2551, 2575 (2019)

June 27, 2019: The U.S. Supreme Court held that the Secretary of Commerce’s decision to reinstate a question concerning citizenship status on the census was arbitrary and capricious for failure to provide a reasoned explanation.

Center for Biological Diversity v. Bureau of Land Management, No. 17-8587, 2019 WL 2635587, (C.D. Cal. June 20, 2019)

June 20, 2019: A federal district court in California held that the Bureau of Land Management had failed to adequately explain its decision to withdraw the agency’s prior opinion requiring federal review for projects that could affect national parks and other public lands.

Nio v. Department of Homeland Security, 385 F. Supp. 3d 44 (D.D.C. 2019)

May 22, 2019: A federal appeals court in D.C. held that a July 2017 policy declining to naturalize army reserve members through the Military Accessions Vital to the National Interest program until an additional Defense background check was completed, was arbitrary and capricious for failure to provide reasons that comported with the evidence.

California v. Environmental Protection Agency, 385 F.Supp.3d 903 (N.D. Cal. 2019)

May 6, 2019: A federal district court in California ordered EPA to stop delaying the implementation of a rule designed to limit methane emissions at landfills, finding that the delay was in violation of the Clean Air Act.

EDF v. Environmental Protection Agency, 922 F.3d 446 (D.C. Cir. 2019)

April 26, 2019: A federal appeals court held that the Environmental Protection Agency's 2017 "Inventory Rule" violated the Toxic Substances Control Act by failing to ensure that companies meet certain requirements prior to claiming confidentiality under the Act.  The court rejected several other claims brought by plaintiffs. 

Citizens for Clean Energy v. Department of the Interior, 384 F. Supp. 3d 1264 (D. Mont. 2019)

April 19, 2019: A federal district court in Montana remanded Interior’s decision to lift the existing moratorium on coal leasing of federal lands after finding that the agency had violated the National Environmental Protection Act by failing to conduct a proper environmental impact analysis. After the agencies prepared a new Environmental Assessment and Finding of No Significant Impact, plaintiffs requested an injunction but the court denied it holding that any assessment of the new documents must await a new complaint. See 2020 WL 2615527 (May 22, 2020).

Saget v. Trump, 375 F. Supp. 3d 280 (E.D.N.Y. 2019), appeal dropped (2d. Cir. 19-01685)

April 11, 2019: A federal district court in New York enjoined Department of Homeland Security’s decision to terminate Temporary Protected Status for individuals from Haiti, holding that the agency had failed to provide a reasoned explanation for the decision. 

Guedes v. Bureau of Alcohol, Tobacco, Firearms & Explosives, 920 F.3d 1 (D.C. Cir. 2019), cert. denied, 140 S. Ct. 789 (2020)

April 1, 2019: The U.S. Court of Appeals declined to enjoin a Bureau of Alcohol, Tobacco, Firearms and Explosives rule—which classified bump-stock devices (devises that allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger) as “machineguns” under the National Firearms Act of 1934 and the Gun Control Act of 1968, thus rendering bump-stock devices prohibited under the Acts—finding that the Bureau’s classification was reasonable, it had authority to promulgate the rule, and the rule was not arbitrary or capricious.  

Friends of Alaska v. Bernhardt, 381 F. Supp. 3d 1127 (D. Alaska 2019), appeal dropped (9th Cir. 19-35451)

March 29, 2019: A federal district court in Alaska vacated the Department of Interior’s decision to reverse course and open an Alaskan refuge to road construction. The court found that the agency had illegally ignored its prior determination regarding the road’s environmental impact and failed to provide a reasoned explanation for departing from the decision not to build the road.

New York v. Department of Labor, 363 F.Supp. 3d 109 (D.D.C. 2019), appeal filed (D.C. Cir. 19-5125)

March 28, 2019: A federal district court in D.C. held that the Department of Labor’s rule regarding association health plans was designed to circumvent the healthcare market requirements imposed by the Affordable Care Act and exceeded the agency’s statutory authority under Employee Income Retirement Security Act.

Gresham v. Azar, 363 F. Supp. 3d 165 (D.D.C. 2019), affirmed Gresham v. Azar, 950 F.3d 93 (D.C. Cir. 2020)

March 27, 2019: A federal district court in DC held that Health and Human Service’s March 2018 decision approving Arkansas’s Medicaid work requirement plan—an effort to roll back the Medicaid expansion in the Affordable Care Act—was arbitrary and capricious for failure to address the lost coverage that would occur under the decision.

City of Council Bluffs, Iowa v. Department of the Interior, 368 F. Supp. 3d 1276 (S.D. Iowa 2019), affirmed, 11 F.4th 852 (8th Cir. 2021)

March 26, 2019: A federal district court largely upheld the decision of the National Indian Gaming Commission which had concluded that the Ponca Tribe of Nebraska was permitted to conduct gaming activities. The court held, however, that the Commission unreasonably failed to consider purported verbal agreement between the Tribe and the state of Iowa and remanded the matter to the agency to address that issue.

In August 2021 (after President Biden was inaugurated), the 8th Circuit affirmed the lower court's decision.

R.F.M. v. Nielsen, No. 18-5068, 365 F. Supp. 3d 350 (S.D.N.Y. 2019)

March 15, 2019: A federal district court in New York held that the administration’s new policy, which barred the New York Family Court from making findings sufficient to grant Special Immigrant Juvenile status, was contrary to the plain language of the Special Immigrant Juvenile provision of the Immigration and Nationality Act, lacked a reasoned explanation, and violated notice-and-comment requirements. Other federal district courts came to similar conclusions. See, e.g., Moreno Galvez v. Cuccinelli, No. 19-0321, 387 F. Supp. 3d 1208 (W.D. Washington 2019); W.A.O. v. Cuccinelli, No. 19-11696 (D.N.J. July 3, 2019); J.L. v. Cissna, 341 F. Supp.3d 1048, 1059 (N.D. Cal. 2018).

National Women’s Law Center v. Office of Management and Budget, 358 F. Supp. 3d 66 (D.D.C. 2019), appeal dismissed as moot (D.C. Cir. 19-5130)

March 4, 2019: A federal district court in DC vacated the Office of Management and Budget’s (OMB) stay of the Equal Employment Opportunity Commission’s 2016 wage discrimination data collection effort for failure to comply with OMB’s own regulations. In June 2020, the appeal was dismissed as moot “in light of the parties’ agreement that the government has substantially complied with the district court’s post-judgment orders.” 

Klamath Siskiyou Wildlands Center v. Bureau of Land Management, 2019 WL 2774317 (D. Or. July 2, 2019)

February 20, 2019: A federal district court in Oregon adopted the report and recommendation of a magistrate judge, holding that the Lower Grave timber sale decision of the Bureau of Land Management (BLM) violated the National Environmental Policy Act by failing to consider a reasonable range of alternatives.

California v. Azar, 351 F. Supp. 3d 1267 (N.D. Cal. 2019), affirmed 941 F.3d 410 (9th Cir. 2019)

January 13, 2019: A federal district court entered a non-nationwide preliminary injunction enjoining enforcement of two rules that would have allowed more employers to claim exemptions from the requirement that their health plans cover contraceptive services at no cost under the Affordable Care Act. The court held that plaintiffs were likely to succeed at showing that the new rules were not in accordance with the Affordable Care Act and thus violated the Administrative Procedure Act. Another federal district court in Pennsylvania blocked the suspensions on a nationwide basis. See Pennsylvania v. President, 351 F. Supp. 3d 791 (E.D. Pa. 2019), affirmed 930 F.3d 543 (3d Cir. 2019). (The two new rules had replaced a rule that had previously been enjoined. See the entry dated December 15, 2017.)

Sierra Club v. Army Corps of Engineers, 909 F.3d 635 (4th Cir. 2018)

November 27, 2018: A federal appeals court vacated the Army Corps’ authorization pertaining to West Virginia activities related to the Mountain Valley pipeline, holding that the project did not satisfy the conditions of the permit.

East Bay Sanctuary Covenant v. Trump, 349 F. Supp. 3d 838 (N.D. Cal. November 19, 2018), affirmed East Bay Sanctuary Covenant v. Trump, 932 F.3d 742 (9th Cir. 2018)

November 19, 2018: A federal district court enjoined an Interim Final Rule which barred asylum for immigrants who entered the country outside of a designated port of entry, finding that the rule violated the controlling statute.

Regents of the University of California v. Department of Homeland Security, 908 F.3d 476 (9th Cir. 2018), affirmed (U.S.S.C. Nos. 18-587, 18-588, 18-589)

November 8, 2018: A federal appeals court affirmed a decision enjoining the Department of Homeland Security’s rescission of Deferred Action for Childhood Arrivals (DACA) on the grounds that plaintiffs were likely to succeed in demonstrating that the rescission was arbitrary and capricious under settled law. A different federal district court separately enjoined the rescission. Batalla Vidal v. Nielsen, 279 F. Supp. 3d 401, 429 (E.D.N.Y. 2018). Another court vacated the rescission. National Association for the Advancement of Colored People v. Trump, 315 F. Supp. 3d 457, 461 (D.D.C. 2018). A third district court denied a motion to enjoin the rescission. See Casa De Maryland v. U.S. Department of Homeland Security, 284 F. Supp. 3d 758, 779 (D. Md. 2018). On June 18, 2020, the Supreme Court found that the rescission was arbitrary and capricious. 

Oceana, Inc. v. Ross, No. 17-05146, 2018 U.S. Dist. LEXIS 185369 (C.D. Cal. Oct. 24, 2018), appeal dropped (9th Cir. 19-55021)

October 24, 2018: A federal district court in California held that federal defendants’ decision to withdraw a proposed regulation protecting fish species from inadvertent death or injury through gillnets was arbitrary, capricious, and in excess of its statutory authority under the Magnus-Stevens Fishery Conservation and Management Act.

Organization for Competitive Markets v. Department of Agriculture, 912 F.3d 455 (8th Cir. 2018)

September 26, 2018: A federal appeals court found that it was not arbitrary and capricious for the U.S. Department of Agriculture to withdraw an interim final rule and proposed regulations related to the marketing of livestock, meat, and poultry.

Western Watersheds Project v. Zinke, 336 F. Supp. 3d 1204 (D. Idaho 2018), appeal dismissed (9th Cir. 20-35342)

September 21, 2018: A federal district court in Idaho enjoined a Bureau of Land Management rule limiting environmental review and public participation in oil and gas lease sales that would threaten the sage grouse for violating Administrative Procedure Act notice-and-comment requirements, for exceeding its statutory authority under the Federal Land Policy and Management Act, and for violating the National Environmental Policy Act. On February 27, 2020, the district court held that the grounds for the preliminary injunction remained sound and granted summary judgment in plaintiffs’ favor.

Zzyym v. Pompeo, 341 F. Supp. 3d 1248 (D. Colo. 2018), affirmed in part, 958 F.3d 1014 (10th Cir. 2020)

September 19, 2018: A federal district court in Colorado held that policy of withholding a passport from intersex individual who filled out “gender” box in passport form with the word “intersex” was outside of the agency’s statutory authority and not supported by rational analysis. On appeal, the Tenth Circuit held that the agency had acted within its authority, but that it had exercised that authority in a manner that was arbitrary and capricious because three of its reasons were unsupported by the record.

FMS Investment Corp. v. United States, Nos. 18-862, 18-872, 18-873, 18-889, 18-894, 18-895, 18-901, 18-946 (Consolidated), 139 Fed.Cl. 221, 2018 WL 4378178 (September 14, 2018, Fed. Cl), appeal filed (Fed. Cir. No. 19-1271)

Sept 14 2018: A federal claims court enjoined that the Department of Education’s decision to cancel a solicitation process related to student loan debt collection holding that the agency had failed to provide a reasoned explanation for the policy change.

Bauer v. DeVos, 325 F. Supp. 3d 74 (D.D.C. 2018)

September 12, 2018: A federal district court in D.C. found that the Department of Education’s second delay of the Borrower Defense Rule was contrary to the Higher Education Act.

Planned Parenthood of New York City, Inc. v. Department of Health and Human Services, No. 18 CIV. 5680, 337 F. Supp. 3d 308 (S.D.N.Y. 2018)

August 30, 2018: A federal district court in New York held that new grant requirements for teen pregnancy programs favoring abstinence-only programs violated the Teen Pregnancy Prevention Program, a part of the 2018 Consolidated Appropriations Act. Other courts came to a similar conclusion. Planned Parenthood of Greater Washington and North Idaho v. Department of Health & Human Services, 946 F.3d 1100, 1105 (9th Cir. 2020); Multnomah Cty. v. Azar, 340 F. Supp. 3d 1046 (D. Or. 2018).

Air Alliance Houston v. Environmental Protection Agency, 906 F.3d 1049 (D.C. Cir. 2018)

August 17, 2018: A federal appeals court held that the Environmental Protection Agency’s suspension of the Chemical Disaster Rule violated the Clean Air Act and was arbitrary and capricious for failure to provide a reasoned explanation.

Koopmann v. Department of Transportation, No. 18-3460, 335 F. Supp. 3d 556, 2018 WL 3946450 (S.D.N.Y. August 16, 2018)

August 16, 2018: A federal district court in New York held that the Department of Transportation’s policy barring former employees from testifying in court under the Housekeeping Statute was unlawful.

Natural Resources Defense Council v. Department of Energy, No. 17-06989 (S.D.N.Y.)

August 13, 2018: The Department of Energy lifted a suspension of efficiency rules for air conditioners and heat pumps after being sued for failing to comply with the law in delaying. The court later found that the suspension was arbitrary and capricious because the agency failed to provide a reasoned explanation for its action, and that the challenge was not moot, despite the agency’s decision to lift the suspension. See Natural Resources Defense Council v. Department of Energy, 362 F. Supp. 3d 126 (S.D.N.Y. Feb. 22, 2019).

Natural Resources Defense Council v. Environmental Protection Agency, No. 18-25 (2d Cir.)

July 31, 2018: After being sued for violating the Toxic Substances Control Act (TSCA) and the Administrative Procedure Act’s notice-and-comment requirements in issuing the Framework Rule, EPA filed a brief and affidavit in the case explaining that it was not following the Framework Rule.

Environmental Defense Fund v. Environmental Protection Agency, No. 18-1190 (D.C. Cir.); California v. Environmental Protection Agency, No. 18-1192 (D.C. Cir.)

July 27, 2018: The Environmental Protection Agency withdrew a memorandum promising that the agency would not enforce a 2016 rule limiting glider truck emissions after the agency was sued for failing to comply with the Administrative Procedure Act’s notice-and-comment requirements and for lack of statutory authority to put off the 2016 rule.

Ergon-West Virginia, Incorporated v. Environmental Protection Agency, 896 F.3d 600 (4th Cir. 2018)

July 20, 2018: A federal appeals court vacated EPA’s decision denying a small refinery exemption under the renewable fuel standard program.

L.V.M. v. Lloyd, No. 18-1453, 318 F. Supp. 3d 601 (S.D.N.Y. June 27, 2018)

June 27, 2018: A federal district court in New York enjoined and vacated a new policy requiring director review before placing unaccompanied minors in a less restrictive setting, as required by the Trafficking Victims Protection Reauthorization Act, holding that the policy violated the statute and was adopted without reasoned analysis.

Calvillo Manriquez v. DeVos, 345 F. Supp. 3d 1077 (N.D. Cal. 2018)

May 25, 2018: A federal district court enjoined the Department of Education’s implementation of a new borrowers’ defense policy—which departed from the prior administration’s policy of providing full relief for student borrowers who attested that they were part of a class of individuals who had been defrauded by an illicit act or omission by a qualifying Corinthian school, finding that the Secretary’s implementation of the policy violated the Privacy Act by disclosing borrowers’ information to the Social Security Administration. Additionally, in Sweet v. DeVos, No. 19-03674, 2020 WL 6149690 (N.D. Cal. Oct. 19, 2020), the federal district court denied a proposed settlement between another class of student borrowers and the Department, finding that the parties had not reached the requisite common understanding as to the meaning of the settlement, after the plaintiffs objected to perfunctory and superficial denials.

Natural Resources Defense Council v. National Highway Traffic Safety Administration, 894 F.3d 95 (2d Cir. 2018)

April 23, 2018: On April 23, 2018, a federal appeals court vacated the National Highway Traffic Safety Administration’s (NHTSA) delay of its 2016 rule adjusting penalties for violations of fuel economy standards, explaining that an opinion would follow. On June 29, 2018, the court issued its opinion, holding that NHTSA did not have statutory authority for the suspension and that NHTSA violated the Administrative Procedure Act’s notice-and-comment requirements.

Navajo Nation v. Azar, No. 18–0253, 302 F. Supp. 3d 429 (D.D.C. 2018)

March 27, 2018: A federal district court in D.C. held that Health and Human Services failed to provide Indian tribe with appeal and hearing rights required under Head Start Act for reduction in funding for Head Start programs. 

In re Ozone Designation Litigation, 286 F. Supp. 3d 1082 (N.D. Cal. 2018)

March 12, 2018: A federal district court in California held that EPA’s delay in completing a step in the implementation of new ozone emissions rules violated the Clean Air Act.

California v. Bureau of Land Management, 286 F. Supp. 3d 1054 (N.D. Cal. 2018), appeal dropped (9th Cir. No. 18-15711)

February 22, 2018: A federal district court in California issued a preliminary injunction enjoining the Bureau of Land Management’s second delay of the Waste Prevention Rule. The court held that plaintiffs were likely to prevail in showing that the agency violated the Administrative Procedure Act’s notice-and-comment requirements, and that the rule was arbitrary and capricious because the agency failed to give a reasoned explanation for turning its back on the facts underlying its decision to issue the Waste Prevention Rule.

Natural Resources Defense Council v. Perry, 302 F. Supp. 3d 1094 (N.D. Cal. 2018), affirmed, Natural Resources Defense Council v. Perry, 940 F.3d 1072  (9th Cir. 2019)

February 15, 2018: A federal district court in California held that the Department of Energy illegally delayed publishing stricter energy efficiency standards for industrial equipment and home appliances in violation of the agency's own regulations. The Ninth Circuit later affirmed the lower court ruling.

Stockman v. Trump, No. 17-1799, 2017 WL 9732572 (C.D. Cal. Dec. 22, 2017), appeal dropped (9th Cir. No. 17-36009).

December 22, 2017: A federal district court in Washington enjoined the Department of Defense’s new policy (reversing course on a 2016 policy) barring transgender individuals from entering the military and authorizing the discharge of military members solely on the basis of their transgender status, holding that plaintiffs were likely to succeed on the merits of their equal protection claim. Three other district courts also enjoined the policy. Doe 1 v. Trump, 275 F. Supp. 3d 167 (D.D.C. 2017); Stone v. Trump, 280 F. Supp. 3d 747 (D. Md. 2017); Stockman v. Trump, No. 17-1799, 2017 U.S. Dist. LEXIS 221323, 2017 WL 9732572 (C.D. Cal. Dec. 22, 2017).

California v. Bureau of Land Management, 277 F. Supp. 3d 1106 (N.D. Cal. 2017), appeal dropped (9th Cir. No. 17-17456)

October 4, 2017: A federal district court in California vacated the Bureau of Land Management’s delay of the Waste Prevention Rule, a rule limiting waste of natural gas. The court found that the agency violated the Administrative Procedure Act’s notice-and-comment requirements and that the agency had arbitrarily failed to consider the forgone benefits of the Waste Prevention Rule.

Center for Science in the Public Interest v. Price, No. 17-1085 (D.D.C.)

September 27, 2017: After being sued for delaying a rule that would have required restaurants to post calorie counts, the agency agreed to allow the rule to come into effect. Plaintiffs alleged the agency had violated the Administrative Procedure Act’s notice-and-comment procedures and failed to provide a reasoned explanation for the changed approach.

Becerra v. Department of Interior, 276 F. Supp. 3d 953 (N.D. Cal. 2017)

August 30, 2017: A federal district court in California held that the Department of Interior’s delay of a rule reforming the procedures governing royalties violated the Administrative Procedure Act in two ways: (1) the agency had failed to seek public comment on the delay and (2) the agency lacked statutory authority for the delay.

American Lung Association v. Environmental Protection Agency, No. 17-1172 (D.C. Cir.)

August 10, 2017: After being sued for acting outside of its statutory authority, and for failing to provide a reasoned explanation for its change, the Environmental Protection Agency pulled back on the delay of a rule restricting harmful ozone pollution.

Natural Resources Defense Council v. Environmental Protection Agency, No. 17-00751 (S.D.N.Y.)

June 14, 2017: After being sued for failing to follow notice-and-comment procedures, the Environmental Protection Agency published a final rule setting limits on discharges of mercury from dental offices, which had been withdrawn from the Office of Federal Register in January 2017 prior to publication.

Natural Resources Defense Council v. Department of Interior, No. 17-01130 (S.D.N.Y.)

March 21, 2017: After being sued for failing to follow notice-and-comment procedures in its delay of protections for the rusty patched bumble bee, the Department of Interior allowed the listing to go into effect.