Flat Creek Transportation, LLC v. Federal Motor Carrier Safety Administration
Opinion
*1297 Flat Creek Transportation sued for declaratory and injunctive relief on the ground that the Federal Motor Carrier Safety Administration had unfairly targeted it for compliance reviews and used an unsound methodology in doing so. The district court determined that it lacked subject matter jurisdiction to consider Flat Creek's claims. We reach the same destination, albeit by a different route. We hold that Flat Creek has failed to establish that it suffered an injury in fact sufficient to confer standing to sue.
I
Flat Creek is a commercial trucking company that transports non-hazardous materials-mainly refrigerated food products. Because it operates in interstate commerce, Flat Creek is subject to Department of Transportation regulations. And because its claim in this case arises against the backdrop of that regulatory framework, we begin with an overview. (Warning: Unavoidable Acronyms Ahead.)
A
Within the Department of Transportation, the Federal Motor Carrier Safety Administration ("FMCSA") investigates carriers and operators to ensure that they are safe to operate on the nation's roadways. FMCSA uses a safety-fitness rating methodology-the Safety Measurement System ("SMS")-to quantify carriers' performance. For example, the SMS pulls data from the Motor Carrier Management Information System ("MCMIS") related to the following metrics: (1) unsafe driving, (2) fatigued driving, (3) driver fitness, (4) controlled-substance and alcohol usage, (5) vehicle maintenance, (6) hazardous-material compliance, and (7) crash history.
See
This "High Risk" designation matters to carriers because FMCSA concentrates its compliance-review resources on high-risk carriers. A compliance review is an in-depth "on-site investigation of the carrier's
*1298
operations" that examines the carrier's compliance with FMCSA regulations.
Safety ratings become "final" in slightly different ways. A Satisfactory rating, the highest possible, is final and effective on the date of notice.
Naturally, commercial carriers don't particularly want a "High Risk" designation-because it increases their odds of a compliance review, which in turn increases the odds of suffering an Unsatisfactory safety rating. To address carriers' concerns about the accuracy of the data that factor into the MCMIS system and that can prompt a high-risk designation, FMCSA operates DataQs, an online system that permits carriers to contest those data.
See
FMCSA Notice to Amend a System of Records,
B
Flat Creek's managing member is Charles Patterson Sr.; Charles' son, Charles Patterson Jr., formed and operates a separate trucking company, Liberty Express. In July 2016, FMCSA's Alabama Division conducted a compliance review of Liberty. Flat Creek alleges that during Liberty's review, FMCSA agents asked a bunch of questions about Flat Creek. Not long after, Flat Creek says, its regulatory consultant "received surreptitious reports from confidential informant(s) that agents ... planned an unannounced on-site compliance investigation at Flat Creek with the intent to falsely charge Flat Creek with multiple regulatory violations sufficient to ... forc[e] a cessation of Flat Creek's operations and likely leading to business closure." Br. of Appellant at 8-9.
Flat Creek further asserts that it received "flawed" scores and misleading crash indicators from the MCMIS data, which FMCSA failed to keep "complete, timely, and accurate" as required by
*1299
Flat Creek admits that none of the additional compliance reviews "resulted in a safety rating less than 'Satisfactory.' "
C
Flat Creek filed a complaint seeking declaratory and injunctive relief under the Administrative Procedure Act,
Following the compliance review, FMCSA initially advised Flat Creek that its safety rating would be downgraded from Satisfactory to Conditional. FMCSA argued to the district court that the case was unripe because the new Conditional rating was not yet final. A month later, however, FMCSA notified the district court that the agency had reviewed Flat Creek's downgraded safety rating sua sponte, removed a violation incorrectly included in the calculation, and restored the rating to Satisfactory. 1
The district court granted FMCSA's Rule 12(b)(1) motion on the ground that the Hobbs Act,
II
We review
de novo
whether a party has standing.
See
Perry v. Cable News Network, Inc.
,
*1300 but was thereafter upgraded to "Satisfactory"-and second , by the ongoing potential for agency bias in the conduct of compliance reviews. We hold that the injuries that Flat Creek alleges do not establish the requisite standing.
The doctrine of standing is "an essential and unchanging part" of the case-or-controversy requirement embodied in Article III of the Constitution.
Lujan v. Defenders of Wildlife
,
"First and foremost" among the standing doctrine's requirements is "injury in fact."
Spokeo
,
Flat Creek's allegations don't meet the constitutional standard. To begin with the most obvious point, Flat Creek has no standing to pursue its once-upon-a-time pre-enforcement effort to prevent FMCSA from conducting a compliance review. While Flat Creek's case was pending in the district court, the compliance review went forward, and all now agree that Flat Creek received a Satisfactory safety rating, the highest possible mark. Flat Creek certainly suffered no cognizable injury as a result of a passing rating.
See
Ezzell Trucking, Inc. v. Fed. Motor Carrier Safety Admin.
,
*1301
Separately, and notwithstanding its Satisfactory rating, Flat Creek alleges that it continues to suffer present injury because it remains subject to an enhanced threat of future compliance reviews at the hands of (in its view) a biased agency. In particular, Flat Creek asserts that FMCSA has an "improper on[going] prejudice and bias against [Charles] Patterson, Sr. and Flat Creek" and that FMCSA will use future compliance reviews "as a pretext for [its] real but illegal purpose of fabricating regulatory violations" and ultimately "terminating Flat Creek's operations." Compl. at ¶¶ 58-59. These allegations fail to satisfy the constitutional test. The injury that Flat Creek asserts-designation as a "High Risk" carrier, subject to an increased likelihood of compliance reviews-is neither "concrete" nor "imminent," but rather "conjectural" and "hypothetical."
Spokeo
,
Second, even after the 18-month period runs, a carrier can be deemed "High Risk" only if additional conditions obtain. In particular, before a carrier can be designated "High Risk," it must be determined that the carrier scores at or above the 90th percentile on two of the following metrics: (1) unsafe driving, (2) fatigued driving, (3) vehicle maintenance, and (4) crash history.
See
Because Flat Creek has shown neither concreteness nor imminence, it has failed to establish that it has suffered a cognizable injury in fact. Accordingly, it lacks standing to sue.
* * *
Flat Creek has failed to establish the requisite standing to sue under Article III of the Constitution. We lack jurisdiction to address its claim, and therefore AFFIRM the district court's dismissal of Flat Creek's complaint.
Because Flat Creek's safety rating was upgraded during the course of this litigation, its most recent "Satisfactory" mark is not reflected in its complaint. Flat Creek contends that the district court erred when it said that it was engaging in a "facial attack" analysis of subject matter jurisdiction-which limits a court to a plaintiff's allegations-and then proceeded to look beyond the complaint for proof that Flat Creek ultimately received a "Satisfactory" rating. Ranging beyond the complaint, Flat Creek asserts, is permissible only in the case of a "factual attack" on subject matter jurisdiction.
See
Garcia v. Copenhaver, Bell & Assoc.
,
Not
that
Hobbs Act.
See
to enjoin, set aside, suspend (in whole or in part), or to determine the validity of ... all rules, regulations, or final orders of the Secretary of Transportation issued ... pursuant to part B or C of subtitle IV, subchapter III of chapter 311, chapter 313, or chapter 315 of title 49.
Alternatively, one might view this aspect of Flat Creek's lawsuit as moot, in that it "no longer present[s] a case or controversy under Article III, § 2 of the Constitution"-as it must "through all stages of federal judicial proceedings, trial and appellate."
Spencer v. Kemna
,
Note that, just as Flat Creek's challenge to the April 2017 compliance review could be deemed moot-in addition to insufficiently injurious for standing purposes-its allegation that it faces future compliance reviews at some unspecified time down the road might be thought to be unripe-in addition to impermissibly hypothetical and conjectural for standing purposes.
See, e.g.
,
Texas v. United States
,
Reference
- Full Case Name
- FLAT CREEK TRANSPORTATION, LLC, an Alabama Limited Liability Company, Plaintiff - Appellant, v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, Kenny Price, in His Capacity as Alabama Division Administrator (Federal Motor Carrier Safety Administration), Elaine L. Chao, in Her Capacity as Secretary of the United States Department of Transportation, Defendants - Appellees, Anthony R. Foxx, in His Capacity as Secretary of the United States Department of Transportation, Defendant.
- Cited By
- 9 cases
- Status
- Published