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AGENCY LAW

Environmental Protection Agency v. Calumet Shreveport Refining, LLC

Issues

Does the U.S. Court of Appeals for the District of Columbia Circuit have exclusive venue over litigation involving the Clean Air Act’s Renewable Fuel Standard program because the Environmental Protection Agency’s determinations are “nationally applicable” or, alternatively, “based on a determination of nationwide scope or effect?”

This case concerns the proper venue for litigating the Clean Air Act’s Renewable Fuel Standards. The EPA argues that its actions pursuant to these standards must go to the D.C. Appeals circuit. This is because the EPA contends that its actions were either nationally applicable, since they affect refineries in multiple circuits, or based on a determination of nationwide scope, since they stem from agency determinations about the Renewable Fuel Standard’s scope. Calumet Shreveport Refinery counters that the actions should not exclusively be litigated in the D.C. Circuit but rather in the applicable appeals circuits across the country, since the EPA’s determinations are not nationally applicable, but rather individualized adjudications on the petitions of hundreds of small, local refineries based on particular local circumstances. This case has important implications for the direction of the Supreme Court’s statutory interpretation, as well as shaping the direction of administrative law and the power allotted to executive agencies.

Questions as Framed for the Court by the Parties

Whether venue for challenges by small oil refineries seeking exemptions from the requirements of the Clean Air Act’s Renewable Fuel Standard program lies exclusively in the U.S. Court of Appeals for the District of Columbia Circuit because the agency’s denial actions are “nationally applicable” or, alternatively, are “based on a determination of nationwide scope or effect.”

The Clean Air Act contains a provision regarding Renewable Fuel Standards ("RFS"), which requires that each year, producers across the energy sector must blend certain volumes of renewable fuel with nonrenewable fuel.

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Kindred Nursing Centers v. Clark

Issues

Does the Federal Arbitration Act preempt a state-law contract rule that requires a power of attorney to expressly refer to arbitration agreements before an attorney-in-fact can bind her principal to such an agreement? 

The Court must consider whether federal law preempts state law regarding arbitration clauses in powers-of-attorneys. Kindred Nursing Centers argues that state law, which requires principals to explicitly authorize an agent to enter into arbitration agreements, violates the Federal Arbitration Act. Contrarily, Janis E. Clark and Beverly Wellner argue that state law governs contract formation and that state law requires powers-of-attorneys to adhere to the expressed intentions of the principal in a contract. The case will determine whether powers-of-attorney must explicitly grant the agent the power to bind the grantor to an arbitration agreement and may impact elder care and estate planning practices across the United States.

Questions as Framed for the Court by the Parties

Whether the Federal Arbitration Act preempts a state-law contract rule that singles out arbitration by requiring a power of attorney to expressly refer to arbitration agreements before the attorney-in-fact can bind her principal to an arbitration agreement.

Petitioners Kindred Nursing Centers et al. (“Kindred Nursing”) operate nursing homes and rehabilitation centers, including the Winchester Centre for Health and Rehabilitation. See Kindred Nursing Centers v. Clark, 478 S.W.3d 306 (Ky. 2015). Respondents Janis E.

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respondeat superior

Respondeat superior is a legal doctrine, most commonly used in [wex:tort], that holds an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency.  Typically when respondeat superior is invoked, a plaintiff will look to hold both the employer and the employee liable.

Wisconsin Bell, Inc. v. United States, ex rel. Todd Heath

Issues

Does the False Claims Act cover reimbursement requests made to a program regulated by the Federal Communications Commission but largely funded by private service providers?

This case asks the Court to determine whether reimbursement requests made by schools and public libraries to the Federal Communications Commission’s E-Rate program can constitute false “claims” under the False Claims Act (FCA). Wisconsin Bell contends that the FCA does not cover reimbursement requests to the E-Rate program because the money for the E-Rate program’s funds comes solely from private companies, and the Universal Service Administrative Company (USAC) is not an agent of the federal government. The federal government argues that the FCA does cover reimbursement requests to the E-Rate program because the funds are made available by the federal government, and the federal government can control the USAC. This case touches on important questions regarding the FCA’s scope and the FCA’s impact on businesses working with the federal government.

Questions as Framed for the Court by the Parties

Whether reimbursement requests submitted to the Federal Communications Commission's E-rate program are “claims” under the False Claims Act.

A company violates the False Claims Act (FCA) if it “knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval” that is material to the government’s decision to use federal funds. 31 U.S.C.

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