Articles Posted in US Court of Appeals for the Ninth Circuit

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The Ninth Circuit reversed the district court's order granting a motion to dismiss Union Pacific's counterclaims in class actions filed by landowners challenging the railroad's ability to lease land to Santa Fe Pacific Pipelines (SFPP). The panel rejected plaintiffs' contention that the panel should not reach the merits of the certified questions and declined to apply the doctrine of collateral estoppel. With respect to the first certified question, the panel held that the pre-1871 Acts, which Congress passed to aid in the construction of railroad lines, do not require a "railroad purpose." In regard to the second certified question, the panel held that Union Pacific has plausibly alleged that the pipeline serves such a purpose. Therefore, the court remanded with instructions to grant leave to amend. View "Wells v. Union Pacific Railroad Co." on Justia Law

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The Ninth Circuit denied petitions for review of the FMCSA's statutory authority to issue permits for U.S. long-haul operations to Mexico-domiciled trucking companies. The panel held that the Teamsters and the Drivers Association have constitutional standing; the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007 encompasses the Teamsters' and the Drivers Association's claims; and the Teamsters and the Drivers Association also have third-party organizational standing. The panel also held that the grant of a long-haul operating permit to a Mexico-domiciled carrier and the denial of the Teamsters' challenge to that grant were final agency actions; the panel has Hobbs Act jurisdiction over the petition for review of the decision to grant Trajosa a permit; whether to grant long-haul authority based on the results of the pilot program was "committed to agency discretion by law" and was thus unreviewable; and therefore the panel may not review the FMCSA's decision to grant Trajosa an operating permit. View "International Brotherhood of Teamsters v. USDOT" on Justia Law