Planned Parenthood of Wisconsin v. Azar, No. 18-5218 (D.C. Cir. 2019)
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HHS issued a Funding Opportunity Announcement (FOA) in 2018, soliciting applications for family planning grants. Plaintiffs filed suit challenging the FOA as inconsistent with a governing regulation and the Administrative Procedures Act (APA). The district court rejected their claims, and granted summary judgment for HHS. After plaintiffs appealed, HHS issued its FOA announcing grants for 2018.
The DC Circuit held that plaintiffs' appeal was moot because, while the appeal was pending, HHS disbursed the grant funds for 2018, issued a modified FOA for 2019, and amended the regulation. Accordingly, the court remanded with instructions to dismiss the case as moot.
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