The Intra-Party Fight Among the Democratic Candidates Is Necessary and Healthy

NEIL H. BUCHANAN

UF law professor and economist Neil H. Buchanan explains why the Democratic presidential candidates attacking each other over policy differences and other issues rather than unifying to oppose President Trump in the general election. Buchanan argues that, perhaps illogically, the infighting is essential and a healthy part of the process.

Read More

Grand Canyon Trust v. Bernhardt

Docket: 18-5232

Opinion Date: January 17, 2020

Judge: Per Curiam

Areas of Law: Government & Administrative Law

The Trust appealed the district court's decision finding that the Trust failed to show that its Freedom of Information Act (FOIA) suit caused the agencies to change their positions. In this case, the Trust requested records from the Bureau of Land Management (BLM) and the Office of the Secretary of the Interior, and all parties subsequently agreed that the Trust received the lion's share of the records requested only after suit. The court held that, in order to establish eligibility for attorney's fees, a FOIA plaintiff must show that its lawsuit caused a change in the agency's position regarding the production of requested documents; the clear error standard of review applies to a district court's fact-finding regarding causation; and the district court did not clearly err here by finding that the Trust's lawsuit did not cause a change in the agencies' positions.

Holland v. Arch Coal, Inc.

Docket: 18-7159

Opinion Date: January 17, 2020

Judge: Douglas Howard Ginsburg

Areas of Law: Labor & Employment Law

The DC Circuit held that the Coal Industry Retiree Health Benefit Act of 1992 (Coal Act) required Arch Coal, as a person related to a 1988 last signatory operator (LSO), to provide security, and the security previously provided on behalf of Arch Coal's former subsidiaries does not satisfy that requirement. In this case, the letter of credit was no longer in force and the proceeds that the Trustees drew from it did not satisfy the requirement that Arch Coal provide security in one of the three ways allowed by statute. Accordingly, the court affirmed the district court's order granting summary judgment to the Trustees of the United Mine Workers of America 1992 Benefit Plan.