Case law

National Parks and Conservation Association v. Rogers C. B. Morton, Secretary, Department of the Interior

498 F.2d 765 · Court of Appeals for the D.C. Circuit · Jun 7, 1974

6 A member of the subcommittee which conducted the hearings raised the issue again with respect to Small Business Administration loan applications : I am thinking of a situation, for example, where the company couldn’t qualify … Morton, 351 F.Supp. 404, 407 (D.D.C. 1972). 19 . 16 U.S.C. § 20g (1970). 20 . 16 U.S.C. § 20d (1970) establishes a preference in favor of the renewal of contracts or permits held by concessioners who have satisfactorily performed

William H. Cuddy v. Gerald P. Carmen, Administrator, General Services Administration

694 F.2d 853 · Court of Appeals for the D.C. Circuit · Dec 3, 1982

The GS-13 level qualified appellant for senior-level communications specialist positions. Non-government employees must take the CSC exam to qualify for positions as outside CSC applicants. 2 . … Nakshian held that Congress did not intend “clearly and unequivocally” to confer a right to trial by jury on ADEA plaintiffs proceeding against the federal government. In Johnson v.

Tony Best v. Sharon Pratt Kelly, Mayor

39 F.3d 328 · Court of Appeals for the D.C. Circuit · Oct 26, 1994

The case ended with a consent decree establishing, among other things, population ceilings for the facility. … Plaintiffs have not suggested any bizarre conspiracy theories, any fantastic government manipulations of their will or mind, any sort of supernatural intervention. 3 Theirs *331 are not clearly fanciful claims, claims “‘so

General Carbon Company v. Occupational Safety & Health Review Commission

860 F.2d 479 · Court of Appeals for the D.C. Circuit · Nov 8, 1988

The Secretary has indicated that a product may qualify for the articles exemption if it releases only "a few molecules or a trace amount" of a hazardous chemical. See 52 Fed.Reg. 31,865 (1987). B. … The law in this circuit clearly holds that the validity of standards promulgated by the Secretary under the OSHA may be contested in an enforcement proceeding. See Simplex Time Recorder Co. v.

Acupuncture Center v. Dunlop

543 F.2d 852 · Court of Appeals for the D.C. Circuit · Jan 16, 1976

Tsai has indicated that he will forward a letter advising of the availability of these two applicants. 47 The Secretary added: In addition, the clientele to be served by such an establishment in this community obviously must … interpreter in an organization that is centered on the skills of five Chinese acupuncturists who have limited or no fluency in English. 62 Lastly, the court felt that refusal of the labor certification on the facts presented “clearly

National Parks and Conservation Association v. Thomas S. Kleppe, Secretary, U. S. Department of the Interior

547 F.2d 673 · Court of Appeals for the D.C. Circuit · Nov 15, 1976

Nor can downward adjustments of the franchise fee immunize a concessioner from substantial competitive harm. … Personal or “personalized” financial information 44 may well qualify under the “similar files” rubric of exemption six, at least insofar as it contains “embarrassing disclosures” or involves “sufficiently intimate details

Brian P. Moore v. Agency for International Development

994 F.2d 874 · Court of Appeals for the D.C. Circuit · Jun 15, 1993

immunity. 5 To meet the heightened pleading standard, Moore must produce “ ‘some direct evidence that the officials’ actions were improperly motivated ... if the case is to proceed to trial.’ ” Whitacre, 890 F.2d at 1171 … The Supreme Court has established two lines of decisions addressing retroactivity. One line, as set out in Bowen v. Georgetown Univ.

Department of the Army, U.S. Army Aberdeen Proving Ground Installation Support Activity v. Federal Labor Relations Authority, Department of the Army, U.S. Army Aberdeen Proving Ground Installation Support Activity v. Federal Labor Relations Authority, Department of the Army, U.S. Army Armament, Munitions and Chemical Command, Rock Island, Illinois v. Federal Labor Relations Authority

890 F.2d 467 · Court of Appeals for the D.C. Circuit · Dec 1, 1989

Laboratories must meet all of the Guidelines' pertinent provisions in order to qualify for certification. Guidelines Sec. 3.3, 53 Fed.Reg. 11,987, J.A. at 127. … According to Sec. 3.6, the Guidelines "establish exclusive standards for qualifying or certifying those laboratory personnel involved in urinalysis testing whose functions are prescribed by these Guidelines." 53 Fed.Reg.

George Washington University v. District of Columbia

318 F.3d 203 · Court of Appeals for the D.C. Circuit · Feb 4, 2003

Zoning Bd. of Adjustment, 53 F.3d 592, 601 (3d Cir.1995), the Third Circuit held that an ownership interest in the land qualifies. … Of course, some of these qualifying criteria are by no means self-defining.

Buckley v. Valeo

519 F.2d 821 · Court of Appeals for the D.C. Circuit · Aug 15, 1975

to submit to a Commission audit of his qualified campaign expenses. … Subtitle H establishes different paths to general election funding by defining “candidate” in two different ways: either the nominee of a major party, or an individual qualified to have his name (or those of electors pledged

Department of the Treasury, U.S. Customs Service, Washington, D.C. v. Federal Labor Relations Authority, National Treasury Employees Union, Intervenor

762 F.2d 1119 · Court of Appeals for the D.C. Circuit · Jun 7, 1985

The five candidates with the highest scores are put on the “Best Qualified List.” (5) The selecting official may then promote any of the candidates on that list or fill the vacancy from some other appropriate source, e.g. … The proposal before us clearly involves an “employment practice” under 5 C.F.R. § 300.103 , since that term is defined in 5 C.F.R. § 300.101 to include “measurement instruments.”

Ramchandra Kulkarni v. Clifford L. Alexander, Jr., Secretary of the Army

662 F.2d 758 · Court of Appeals for the D.C. Circuit · Sep 29, 1978

It will also insure that he receives any such position for which he is qualified and as to which no other qualified person has superior seniority. It is, of course, not easy to tell at what grade level Dr. … On the other hand, he should not be made immune from a bona fide nondiscriminatory RIF in the future or other change in grade made on proper, nondiscriminatory grounds.

In Re Sealed Case (Sentencing Guidelines' "Safety Valve")

105 F.3d 1460 · Court of Appeals for the D.C. Circuit · Feb 7, 1997

The Government conceded that appellant met four of the safety valve’s five criteria, but contended that he failed to qualify for the safety valve because he had possessed a .firearm during the crime. … We review the district court’s legal conclusions de novo, its factual findings under the clearly erroneous standard, and its application of the Guidelines to the facts with due deference. United States v.

Coulibaly v. Pompeo

318 F. Supp. 3d 176 · Court of Appeals for the D.C. Circuit · Jul 17, 2018

Coulibaly's "inappropriate interactions with [his] supervisors, and [his] failure to follow established procedures for requesting leave." … So even if sovereign immunity is waived, a civil conspiracy claim can only proceed against the United States.

Chaplaincy of Full Gospel Churches v. United States Navy

697 F.3d 1171 · Court of Appeals for the D.C. Circuit · Nov 2, 2012

Establishment Clause.” 534 F.3d at 760 (internal quotation marks omitted). … At oral argument, counsel for the Navy claimed that this amounts to an implicit factual finding to which we must defer unless clearly erroneous. Oral Arg. Rec. 34:05–34:32, 34:58–35:30; see Ellipso, Inc. v.

In re: Samuel R. Pierce, Jr. (Sanders Fee Application)

198 F.3d 899 · Court of Appeals for the D.C. Circuit · Dec 21, 1999

Background1 In 1978 Congress established the moderate rehabilitation ("mod rehab") program within the U.S. … Nonetheless, we have found that petitioners qualify for an award of fees in the face of the but-for test in at least four (4) circumstances: 1.

United States v. Michael Lemonakis, United States of America v. Paul Enten

485 F.2d 941 · Court of Appeals for the D.C. Circuit · Oct 15, 1973

Attorney’s office seeking immunity from prosecution. … First, the recordings were clearly not, as Lemonakis contends here, “the keystone of the government’s case against” him.

Community for Creative Non-Violence v. Samuel R. Pierce, Jr., Secretary, H.U.D

814 F.2d 663 · Court of Appeals for the D.C. Circuit · Mar 13, 1987

These allegations clearly confer standing upon CCNV. Reviewing appellants’ defamation on the merits, we nevertheless find that the district court correctly dismissed that portion of the claim dealing with libel. … Appellant CCNV has established standing to prosecute its defamation claim.

Dr. Charles W. McCutchen Appellee/cross-Appellant v. U.S. Department of Health and Human Services, Appellant/cross-Appellee

30 F.3d 183 · Court of Appeals for the D.C. Circuit · Aug 5, 1994

Comparing the language of these two provisions, the Supreme Court has noted: *185 [W]hereas Exemption 6 requires that the invasion of privacy be “clearly unwarranted,” the adverb “clearly” is omitted from Exemption 7(C) . … We owe deference to Congress’s judgment that the scheme it has established is effective. See Jacobs v.

Alaska Airlines, Inc. v. Transportation Security Administration

588 F.3d 1116 · Court of Appeals for the D.C. Circuit · Dec 11, 2009

Shortly after the terrorist attacks on September 11, 2001, Congress enacted the Aviation and Transportation Security Act establishing the TSA and vesting it with primary responsibility for maintaining civil air security. … Rivera- Maldonado, 194 F.3d 224 (1st Cir. 1999)(remanding for resentencing where district court’s estimates were clearly miscalculated and not representative); United States v.