Colorado Springs v. Solis, No. 09-1029

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.

Read Colorado Springs v. Solis, No. 09-1029

Appellate Information

Filed December 23, 2009

Judges

Opinion by Judge Ebel

Counsel

For Appellant:

Patricia K. Kelly and Robert J. Mack, Office of the City Attorney, Colorado Springs, CO

For Appellees:

Tony West, William Kanter and Robert D. Kamenshine, Attorneys, Appellate Staff Civil Division, Department of Justice, Washington, DC