Center for Biological Diversity v. Bernhardt, No. 18-35629 (9th Cir. 2019)
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CBD filed suit seeking to compel the Department of the Interior to reinstate the Refuges Rule that prevented Alaska from applying certain state hunting regulations on federal wildlife refuges. In 2017, Congress used the Congressional Review Act (CRA) to order Interior to rescind the regulation.
The Ninth Circuit held that CBD lacked standing to challenge the Reenactment Provision, because it failed to allege an injury in fact that was more than speculative. Therefore, the panel dismissed CBD's argument that the Reenactment Clause violated the nondelegation doctrine.
After determining that the Jurisdiction-Stripping Provision of the CRA did not include any explicit language barring judicial review of constitutional claims, the panel held that the Joint Resolution disapproving the Refuges Rule did not violate the Take Care Clause of the Constitution, and thus CBD's complaint failed to state a claim that was plausible on its face. The panel rejected CBD's argument that the CRA and Joint Resolution violated separation-of-powers principles because they interfere with the Executive Branch's duty under the Take Care Clause. The panel held that, because Congress properly enacted the Joint Resolution, and therefore validly amended Interior's authority to administer national wildlife refuges in Alaska, Congress did not prevent the President from exercising his constitutional duty to faithfully execute the laws.
The panel joined other circuits in holding that federal courts do not have jurisdiction over statutory claims that arise under the CRA. In this case, CBD challenged Interior's rescission of the Refuges Rule solely on the ground that Congress did not validly enact the Joint Resolution. Therefore, the panel held that CBD's claim necessarily involved a challenge to a congressional "determination, finding, action or omission" under the CRA, and was therefore subject to the Jurisdiction-Stripping Provision.
Court Description: Congressional Review Act / Jurisdiction. The panel affirmed in part, and dismissed in part, the district court’s dismissal of the Center for Biological Diversity (“CBD”)’s complaint that sought to compel the Department of the Interior to reinstate the Refuges Rule that prevented Alaska from applying certain state hunting regulations on federal wildlife refuges. The Congressional Review Act (“CRA”) was designed to give Congress an expedited procedure to review and disapprove federal regulations. Before a rule can take effect, the promulgating Federal agency submits a report. After receiving the agency’s report, Congress has a specified time period to enact a joint resolution that disapproves the regulation (the “Disapproval Provision”). Once an agency’s rule has been disapproved by joint resolution, the agency may not reissue the same, or similar, rule unless the new rule is specifically authorized by a law enacted after the joint resolution disapproving the original rule (the “Reenactment Provision”). The U.S. Fish & Wildlife Services promulgated the Refuges Rule prohibiting Alaska’s predator-control methods on national wildlife refuges, along with certain methods of hunting bears and wolves. Congress passed, and the President signed, a Joint Resolution disapproving the Refuges Rule. 4 CENTER FOR BIOLOGICAL DIVERSITY V. BERNHARDT Generally, the panel held that it lacked jurisdiction over CBD’s statutory claims and concluded that CBD’s constitutional claims did not allege a plausible basis for relief. The panel held that because CBD failed to allege an injury in fact that was more than speculative, it did not have Article III standing to challenge the Reenactment Provision. The panel therefore dismissed CBD’s argument that the Reenactment Clause violated the nondelegation doctrine. The panel turned next to CBD’s claim that the Disapproval Provision and Congress’ Joint Resolution violated the Take Care Clause of the U.S. Constitution. Concerning the CRA’s jurisdiction-stripping-provision, which on its face barred judicial review of all challenges to actions under the CRA, including constitutional challenges, the panel presumed that Congress did not intend to bar constitutional review because the jurisdiction-stripping- provision did not include any explicit language barring judicial review of constitutional claims. CBD argued that the CRA and Joint Resolution violated separation-of-power principles because they interfered with the Executive Branch’s duty under the Take Care Clause of the Constitution by preventing the Department of the Interior from implementing its constitutional duty to faithfully execute the laws by properly managing the federal wildlife refuge system. The panel rejected the argument because Congress properly enacted the Joint Resolution, thereby validly amending Interior’s authority to administer national wildlife refuges in Alaska, and Congress, accordingly, did not prevent the President from exercising his constitutional duty to faithfully execute the laws. The panel concluded that because the Joint Resolution did not violate the Take Care Clause, CBD’s complaint failed to state a claim that was plausible on its face. CENTER FOR BIOLOGICAL DIVERSITY V. BERNHARDT 5 Finally, the panel considered CBD’s statutory claim that the Refuges Rule could not be submitted in accordance with CRA’s provision at 5 U.S.C. § 801(d)(1), which specifies certain deadlines. Joining other circuits, the panel held that federal courts do not have jurisdiction over statutory claims that arise under the CRA. The panel held that here where CBD challenged Congress’s enactment of the Joint Resolution, and where Congress enacted a joint resolution of disapproval that was an action under the CRA, there was no jurisdiction to consider the claim.
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