Tatel , Circuit Judge : * The three appellant banks, headquartered in China, hold records that the United States government thinks may clarify how North Korea finances its nuclear weapons program. The government therefore procured subpoenas for those records, obtaining two from a grand jury (for the two banks with U.S. branches) and one from the Attorney General under the Patriot Act (for the bank that has no U.S. branch). The banks resisted on multiple fronts, claiming that the...
Rogers , Circuit Judge : The threshold question the court must decide that is ultimately dispositive is whether venue is proper in this court pursuant to Section 307(b)(1) of the Clean Air Act, 42 U.S.C. 7607(b)(1). Sierra Club filed a petition for the Administrator of the Environmental Protection Agency to object to a renewal of an operating permit under Title V of the Clean Air Act issued by the State of Utah for the Hunter Power Plant in Emery County, Utah. The renewal permit...
Griffith , Circuit Judge : In 1985, Carl Oglesby filed Freedom of Information Act requests seeking documents about the government's relationship with Reinhard Gehlen, a former Nazi general. Believing the relevant agencies had failed to comply with their disclosure obligations under the statute, Oglesby filed this lawsuit. More than thirty years of litigation later, we consider his case for the fourth time. When the court last did so in 2015, we affirmed the district court's grant of summary...
Dissenting opinion filed by Senior Circuit Judge Sentelle. Tatel , Circuit Judge : When plaintiffs prevail in a civil rights case, the law usually entitles them to recover reasonable attorney's fees. Federal district judges, whom Congress has tasked with tabulating those fees, frequently find themselves whipsawed between two seemingly discordant instructions: (1) ascertain the hourly rate for lawyers performing similar work "with a fair degree of accuracy" using "specific evidence,"...
Randolph , Senior Circuit Judge . In the Clean Air Act Amendments of 1990, Congress established the "Northeast Ozone Transport Region." The Region consists of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, the District of Columbia, and a portion of Virginia. 42 U.S.C. 7511c(a). Years later several States in the Region requested the Environmental Protection Agency to expand the Region to include the upwind...
ROGERS , Circuit Judge . On October 22, 2016, AT&T Inc. announced a proposed merger with Time Warner Inc. The government sued to enjoin this vertical merger under Section 7 of the Clayton Act, 15 U.S.C. 18, and now appeals the denial of its request for a permanent injunction. United States v. AT & T Inc., 310 F.Supp.3d 161, 254 (D.D.C. 2018). Although it pursued three theories of antitrust violation in the district court, the government on appeal challenges only the district court's...
Opinion for the court filed by Circuit Judge Rogers . Andrew Miller appeals an order holding him in contempt for failing to comply with grand jury subpoenas served on him by Special Counsel Robert S. Mueller, III. He contends the Special Counsel's appointment is unlawful under the Appointments Clause of the Constitution, and therefore the contempt order should be reversed. We affirm. I. The relevant statutory and regulatory authority relating to the context in which this appeal arises...
Concurring opinion filed by Circuit Judge Wilkins. Opinion concurring in the result filed by Senior Circuit Judge Williams. Wilkins , Circuit Judge , concurring: "[T]he passage of time frequently brings about changed circumstances — changes in the nature of the underlying problem, changes in governing law or its interpretation by the courts, and new policy insights — that warrant reexamination of the original judgment." Horne v. Flores, 557 U.S. 433 , 448, 129 S.Ct. 2579 , 174 L.Ed.2d...
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued December 5, 2019 Decided December 27, 2019 No. 19-7110 SAMI ABOU-HAIDAR, APPELLEE v. MARIA EUGENIA SANIN VAZQUEZ, APPELLANT Consolidated with 19-7141 Appeals from the United States District Court for the District of Columbia (No. 1:19-cv-01687) Joseph J. DiPietro III argued the cause for appellant. With him on the briefs was Sakeena Farhath. Stephen J. Cullen argued the cause for appellee. With him on the brief were...
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued July 12, 2019 Decided October 11, 2019 No. 19-5142 DONALD J. TRUMP, ET AL., APPELLANTS v. MAZARS USA, LLP AND COMMITTEE ON OVERSIGHT AND REFORM OF THE U.S. HOUSE OF REPRESENTATIVES, APPELLEES Appeal from the United States District Court for the District of Columbia (No. 1:19-cv-01136) William S. Consovoy argued the cause for appellants. With him on the briefs were Cameron T. Norris and Stefan C. Passantino. Duane Morley...
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Filed On: November 13, 2019 No. 19-5142 DONALD J. TRUMP, ET AL., APPELLANTS v. MAZARS USA, LLP AND COMMITTEE ON OVERSIGHT AND REFORM OF THE U.S. HOUSE OF REPRESENTATIVES, APPELLEES Appeal from the United States District Court for the District of Columbia (No. 1:19-cv-01136) On Petition for Rehearing En Banc Before: GARLAND, Chief Judge; HENDERSON*, ROGERS, TATEL, GRIFFITH, SRINIVASAN, MILLETT, PILLARD, WILKINS, KATSAS*, and RAO*...
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued July 12, 2019 Decided October 11, 2019 No. 19-5142 DONALD J. TRUMP, ET AL., APPELLANTS v. MAZARS USA, LLP AND COMMITTEE ON OVERSIGHT AND REFORM OF THE U.S. HOUSE OF REPRESENTATIVES, APPELLEES Appeal from the United States District Court for the District of Columbia (No. 1:19-cv-01136) William S. Consovoy argued the cause for appellants. With him on the briefs were Cameron T. Norris and Stefan C. Passantino. Duane Morley...
PUBLIC COPY - SEALED INFORMATION DELETED njI $tat Iourt nf ppca1 FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued July 12, 2019 Decided July 30, 2019 Reissued August 6, 2019 No. 19-5068 IN RE: SEALED CASE Consolidated with 19-5 100, 19-5 102, 19-5 103 Appeals from the United States District Court for the District of Columbia (No. 1:18-mc-00175) (No. 1:18-mc-00176) (No. 1:18-mc-00177) Before: TATEL, MILLETT, and PILLARD, Circuit Judges. Opinion for the Court filed by Circuit Judge TATEL. TATEL,...
UNDER SEAL United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT _ No. 19-5068 September Term, 2018 1:18-mc-00175-BAH 1:18-mc-00176-BAH 1:18-mc-00177-BAH Filed On: July 30, 2019 In re: Sealed Case, - Consolidated with 19-5100, 19-5102, 19-5103 BEFORE: Tatel, Millett, and Pillard, Circuit Judges UNDER SEAL OPINION NOT AVAILABLE TO PUBLIC
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued March 22, 2019 Decided April 1, 2019 No. 19-5042 DAMIEN GUEDES, ET AL., APPELLANTS v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, ET AL., APPELLEES Consolidated with 19-5044 Appeals from the United States District Court for the District of Columbia (No. 1:18-cv-02988) (No. 1:18-cv-03086) Erik S. Jaffe argued the cause for appellants Damien Guedes, et al. With him on the briefs were Joshua Prince and Adam Kraut....
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued March 22, 2019 Decided April 1, 2019 No. 19-5042 DAMIEN GUEDES, ET AL., APPELLANTS v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, ET AL., APPELLEES Consolidated with 19-5044 Appeals from the United States District Court for the District of Columbia (No. 1:18-cv-02988) (No. 1:18-cv-03086) Erik S. Jaffe argued the cause for appellants Damien Guedes, et al. With him on the briefs were Joshua Prince and Adam Kraut....
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued May 8, 2019 Decided June 28, 2019 No. 19-5031 ELECTRONIC PRIVACY INFORMATION CENTER, APPELLANT v. UNITED STATES DEPARTMENT OF COMMERCE AND BUREAU OF THE CENSUS, APPELLEES Appeal from the United States District Court for the District of Columbia (No. 1:18-cv-02711) John Davisson argued the cause for appellant. With him on the briefs were Alan Butler and Marc Rotenberg. Sarah Carroll, Attorney, U.S. Department of Justice,...
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued September 24, 2019 Decided December 20, 2019 No. 19-5012 INDIAN RIVER COUNTY, FLORIDA AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, APPELLANTS v. UNITED STATES DEPARTMENT OF TRANSPORTATION, ET AL., APPELLEES Appeal from the United States District Court for the District of Columbia (No. 1:18-cv-00333) Philip E. Karmel argued the cause and filed the briefs for appellants. Steven L. Brannock and Tracy S. Carlin were...
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Decided October 22, 2019 No. 19-3054 IN RE: ROGER JASON STONE, JR., ET AL., PETITIONERS On Petition For Writ of Mandamus (1:19-cr-00018) Bruce Rogow and Robert C. Bushcel were on the petition for writ of mandamus and the reply. Jessie K. Liu, U.S. Attorney, Elizabeth Trosman and David B. Goodhand, Assistant U.S. Attorneys, and Adam C. Jed, Special Assistant U.S. Attorney, were on the opposition to the petition for a writ of...
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT _ No. 18-7174 September Term, 2018 1:14-cv-02031-ABJ Filed On: July 17, 2019 Randy Brown, Appellant v. JPMorgan Chase Bank, N.A., et al., Appellees BEFORE: Rogers, Griffith, and Katsas, Circuit Judges ORDER Upon consideration of the November 29, 2018 order to show cause why this appeal should not be dismissed for lack of jurisdiction, appellant’s brief and the supplements thereto, which the court construes as a response to the...
