Railway Labor Executives Ass'n v. Dole

760 F.2d 1021
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 17, 1985
DocketNo. 83-4306
StatusPublished
Cited by24 cases

This text of 760 F.2d 1021 (Railway Labor Executives Ass'n v. Dole) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Railway Labor Executives Ass'n v. Dole, 760 F.2d 1021 (9th Cir. 1985).

Opinions

GOODWIN, Circuit Judge.

A railroad labor organization and an individual railroad employee sued the Secretary of the Department of Transportation and the Administrator of the Federal Railroad Administration, a Department of Transportation division, for a declaratory judgment and injunction to require these agencies to enforce railroad statutes mandating assessment of penalties against railroads for safety violations. The district court held that the plaintiffs had no standing to sue as private attorneys general and dismissed the action. We affirm.

Congress has enacted railroad safety laws, the enforcement provisions of which create civil penalties, together with mandatory language concerning their enforcement. See, e.g., 49 U.S.C. § 26 and 45 U.S.C. The Secretary of Transportation, through the Federal Railroad Administration, is charged with enforcement responsibilities. 49 U.S.C. § 26(d), (h). These responsibilities include inspections of railroad equipment and work sites and recommendations for civil penalties. The statutes require a penalty each time an inspector finds a violation. The Federal Railroad Administration chief counsel’s office examines penalty recommendations and advises the Secretary whether to assess penalties against the railroads.

In December 1981, the Secretary of Transportation submitted to Congress a “systems safety plan” for railroads. The plan stressed cooperation with railroads in finding and remedying safety problems. The Federal Railroad Administration says [1023]*1023it has followed the plan since it was promulgated.

Plaintiffs contend that since the plan went into effect the number of injuries to railroad employees has risen dramatically. This assertion relies almost entirely on anecdotal affidavits of plaintiffs’ attorneys who claim to have more railroad injury cases in their offices than they formerly had. Standing alone, the alleged increase in accidents is an essentially post hoc ergo propter hoc argument. The causal nexus between the enforcement plan and the number of injuries is unclear and presumably would occupy a large part of any trial that might be had.

The doctrine of standing requires plaintiffs to demonstrate “a personal stake” in a concrete controversy. Baker v. Carr, 369 U.S. 186, 204, 82 S.Ct. 691, 703, 7 L.Ed.2d 663 (1962). See McMichael v. County of Napa, 709 F.2d 1268, 1269 (1983). The standing analysis takes into account “both constitutional limitations on federal-court jurisdiction and prudential limitations on its exercise.” Warth v. Seldin, 422 U.S. 490, 498, 95 S.Ct. 2197, 2205, 45 L.Ed.2d 343 (1975).

Recognized constitutional limitations on standing involve three separate but interrelated elements: First, the necessity for a “distinct and palpable” injury to the plaintiff, Warth at 501, 95 S.Ct. at 2206, either “threatened or actual,” Linda R.S. v. Richard D., 410 U.S. 614, 617, 93 S.Ct. 1146, 1148, 35 L.Ed.2d 536 (1973); second, a fairly traceable causal connection between the injury and the defendant’s conduct, Duke Power Co. v. Carolina Env. Study Group, 438 U.S. 59, 72, 98 S.Ct. 2620, 2630, 57 L.Ed.2d 595 (1978); and third, a “substantial likelihood” that plaintiff’s request will redress or prevent the injury. Id. at 75 n. 20, 98 S.Ct. at 2631 n. 20; McMichael, 709 F.2d at 1270; Gonzales v. Gorsuch, 688 F.2d 1263, 1267 (9th Cir.1982).

Plaintiffs ' encounter difficulty with all three of the standing requirements but completely fail to satisfy the element of redressability. Redressability is closely related to the requirement of a causal link between the threatened injury and the conduct to be modified by the relief claimed. Gonzales v. Gorsuch, 688 F.2d 1263, 1267 (9th Cir.1982). Redressability, however, requires the court to examine whether “the court has the power to right or to prevent the claimed injury.” Id. Plaintiffs have failed this prong of the standing test because even with an injunction sending more inspectors to monitor enforcement of the railroad safety statutes, injuries will occur in rail yards. Employees violate safety rules and equipment breaks down. The number of inspectors necessary to prevent a given number of accidents is unknown. The deployment of inspectors is essentially an executive branch matter.

In Gonzales v. Gorsuch, the court said it could not redress the injury when a losing competitor challenged a grant by the Environmental Protection Agency and the plaintiff alleged that the grant had been made improperly. The court stated that where the causal link between an injury alleged and the relief sought is remote, a court cannot right or prevent the claimed injury. “[I]f the court is unable to grant the relief that relates to the harm, the plaintiff lacks standing.” 688 F.2d at 1267 (citing Gladstone, Realtors v. Village of Bellwood, 441 U.S. 91, 99 S.Ct. 1601, 60 L.Ed.2d 66 (1979)). See also Boating Industry Associations v. Marshall, 601 F.2d 1376 (9th Cir.1979).

The question of redressability in this case involves the court in fashioning an enforcement manual for an executive branch agency that was presumably commissioned by Congress to devise its own enforcement strategy. Even if plaintiffs are correct that one enforcement plan results in a greater number of railroad worker injuries than a different enforcement plan would yield, and if subjectively better enforcement would decrease the number of injuries, it remains virtually impossible for a district court to write the qualitative standards for, and to supervise the enforce-[1024]*1024merit efforts of, the agency charged with safety responsibility.

In Linda R.S., the Supreme Court denied the standing of a mother who sued for an injunction to force a prosecutor to arrest the father for failure to pay child support. The Court held that speculation whether jailing the child’s father would cause the father to make support payments did not equal redressability. To like effect, it is also speculative that one number of Federal Railroad Administration officials making spot checks in railroad yards will prevent a greater number of injuries to workmen than would a different number of inspectors.

The trial court properly perceived that this litigation is an attempt by an interest group to win in the courts a political argument that it appears to have lost in its dealings with the executive branch.

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Bluebook (online)
760 F.2d 1021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/railway-labor-executives-assn-v-dole-ca9-1985.