Campesinos Unidos, Inc. v. United States Department of Labor, Center for Employment Training, Intervenor-Respondent

Good Law
803 F.2d 1063·1986 U.S. App. LEXIS 33037
United States Court of Appeals for the Ninth CircuitNovember 4, 198684-7789California3,625 words

Opinion

Opinion

Reinhardt, J.

I.

INTRODUCTION

Campesinos Unidos, Inc., petitions for review of the Department of Labor’s actions in selecting a competing applicant, the Center for Employment Training, to administer employment and training programs for migrant and seasonal farmworkers in several southern California counties during two discrete grant periods. The first of the two grant programs involved was authorized by the Comprehensive Employment and Training Act (CETA) for fiscal year 1982; the second by the successor statute, the Job Training Partnership Act (JTPA), for fiscal year 1984. Each of the grants was for a two-year period. We have jurisdiction to review final decisions of the Department under both Acts. 29 U.S.C. § 817 (a) (repealed 1982) and 29 U.S.C. §§ 1578 (a) and 1591(e) (continuing § 817(a) jurisdiction) (1982).

Because the grant periods have expired, retroactive remedies were not requested, nor could we fashion any under the applicable statutes and regulations. Because the petitioner does not fall within the “capable of repetition yet evading review” exception and we are without authority to provide any meaningful prospective relief, we dismiss the appeal as moot.

II.

FACTUAL AND…

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