United States Tenth Circuit

In an action under the Administrative Procedure Act challenging the Department of Labor's (DOL) decision to deny a city's application to be relieved of provisions of a labor agreement, summary judgment for defendant is affirmed where 1) the DOL did not depart from its applicable precedents without explanation; 2) nothing precluded the city from vigorously seeking renegotiation of the agreement under the threat of foregoing any further federal assistance; and 3) the DOL provided a detailed explanation why it determined that the city's objections were not sufficient.

Appellate Information

• Decided 12/24/2009
• Published 12/24/2009

Judges

• EBEL, Circuit Judge., Before TACHA, ANDERSON, and EBEL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Patricia K. Kelly, City Attorney, Robert J. Mack, Assistant City Attorney, Office of the City Attorney, Colorado Springs, CO, for the Appellant.


• For Appellees:
  
• Tony West, Assistant Attorney General, David M. Gaouette, Acting United States Attorney, William Kanter, Robert D. Kamenshine, Attorneys, Appellate Staff Civil Division, Department of Justice, Washington, D.C., for the Appellees., Thomas B. Buescher, Buescher, Goldhammer, Kellman & Dodge, P.C., Denver, CO. Jeffrey R. Freund, John M. West, Jennifer L. Hunter, Daniel A. Zibel, Bredhoff & Kaiser, P.L.L.C., Washington, D.C., for Intervenor-Appellee.