Case law

Tennessee Gas Pipeline Co. v. Federal Energy Regulatory Commission

606 F.2d 1094 · Court of Appeals for the D.C. Circuit · Jun 20, 1979

From this the Commission evolved a 30-day line-of-credit approach, which it established as a presumption subject to rebuttal. … to expenditures for SNG development. 115 The Commission had established such an exception for research and development costs, but the Transco projects failed to qualify for special R & D treatment. 116 These expenditures

TermoRio S.A. E.S.P. v. Electranta S.P.

487 F.3d 928 · Court of Appeals for the D.C. Circuit · May 25, 2007

Consequently, it is an agency or instrumentality of Colombia within the meaning of the Foreign Sovereign Immunities Act ( 28 U.S.C. § 1603 (b)). … Appellants claim that the District Court erred in granting the motion to dismiss under Rule 12(b)(6), because an affirmative defense only supports dismissal if that defense is unavoidably established by the facts alleged

Western Resources, Inc. v. Surface Transportation Board and United States of America, Santa Fe Pacific Corporation, Intervenors

109 F.3d 782 · Court of Appeals for the D.C. Circuit · May 16, 1997

It regards *788 the theory as strong enough to create a presumption of bottleneck maximization of monopoly profits, subject to rebuttal: The record must clearly show the following in order for a nonmerging carrier to qualify … If one segment of a proportional rate were embodied in a contract between shipper and carrier, that rate would be immune to Board scrutiny under 49 U.S.C. § 10709 (e)(1), formerly 49 U.S.C. § 10713 (i)(l).

Rich v. United States

369 F. Supp. 3d 263 · Court of Appeals for the D.C. Circuit · Mar 28, 2019

The Army either failed to consider this evidence or simply discounted it without explanation, either of which would clearly be arbitrary and capricious action. Fail v. … The ABCMR either failed to consider this evidence or simply discounted it without explanation, either of which would clearly be arbitrary and capricious action. Blackwood v.

Foltz v. U.S. News & World Report, Inc.

865 F.2d 364 · Court of Appeals for the D.C. Circuit · Jan 13, 1989

News stock, the governing Plan document directed the Plan to use “the fair market value established” under Article Fifth (e). … It is also clearly distinct from the facts of Pilon v.

National Foundation for Cancer Research v. A.G. Edwards & Sons, Inc., Harold T. Hedges

821 F.2d 772 · Court of Appeals for the D.C. Circuit · Jun 26, 1987

BACKGROUND In June of 1980, NFCR established a securities margin account with Edwards, a stock brokerage firm. … The presence of both arbitrable and nonarbitrable claims does not render Edwards’ conduct immune from a finding of waiver. At most, the distinction counsels caution in inferring waiver from Edwards’ discovery efforts.

Washington Railway & Electric Co. v. Clark

46 App. D.C. 88 · Court of Appeals for the D.C. Circuit · Feb 5, 1917

Counsel for plaintiff, apparently appreciating the extremely doubtful sufficiency of this evidence to establish the relation of passeng-er and carrier, made no effort to bring that question into the case. … It is urged that .it does not sufficiently appear that this witness was qualified to testify as an expert.

Mary Jane Ruderman Hirschey v. Federal Energy Regulatory Commission, Long Lake Energy Corporation, Intervenor

760 F.2d 305 · Court of Appeals for the D.C. Circuit · Apr 19, 1985

Indeed, it is significant that the subsection (d) language “any costs” appears to us clearly to embrace a concept of zero costs. … Unless the agency finds that fees are precluded, 31 it should establish a schedule for resolving the amount of fees due Hirschey at that level.

ACS of Anchorage, Inc. v. Federal Communications Commission

290 F.3d 403 · Court of Appeals for the D.C. Circuit · May 21, 2002

Insofar as the ESP exemption is clearly temporary, it follows that the intrastate classification would be as well. … But a rate's legality is not enough to establish its substantive reasonableness or "lawfulness." See id.

Jackson v. Dist. of Columbia

327 F. Supp. 3d 52 · Court of Appeals for the D.C. Circuit · Aug 24, 2018

Circuit itself recently held, in a case where officers used a tactical takedown on a plaintiff who was resisting arrest, that the officers enjoyed qualified immunity. … For whatever reason, Defendants have not raised qualified immunity in their motion.

Action Alliance of Senior Citizens v. Leavitt

483 F.3d 852 · Court of Appeals for the D.C. Circuit · Apr 17, 2007

. § 1395gg, clearly lacks merit. Thus, we vacate the injunction and remand. * * * X * * Medicare Part D, established by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Pub. L. … Accepting this view arguendo, we hold that although the district court had jurisdiction, the § 1395gg claim clearly lacks merit. Jurisdiction of § 1395gg claim.

National Association of Postal Supervisors v. USPS

26 F.4th 960 · Court of Appeals for the D.C. Circuit · Feb 22, 2022

So long as a statutory provision plainly delineates the outer limits of agency authority and Congress has not expressly precluded judicial review, the provision may be susceptible to review for ultra vires acts that clearly … When the consultation process was established in 1970, the Association represented “a majority of supervisors” and was thus the sole recognized supervisory organization.

Community Nutrition Institute v. Frank Young, Commissioner, Food and Drug Administration

757 F.2d 354 · Court of Appeals for the D.C. Circuit · Mar 26, 1985

Rather, the qualifying phrase serves an entirely different office; it explains the standard that the Secretary is to employ in setting the tolerance. … B The language of the statute clearly requires the issuance of formal regulations or tolerances. 5 While, as both parties in *359 vite us to do, we will consider the legislative history, “[a]bsent a clearly expressed legislative

Western Coal Traffic League v. United States

677 F.2d 915 · Court of Appeals for the D.C. Circuit · May 4, 1982

CMA suggests that this language clearly indicates Congress’ concern with railroad costs. … The critical difficulty facing these studies is establishing a proper measure of railroad output.

L. Xia v. Rex Tillerson

865 F.3d 643 · Court of Appeals for the D.C. Circuit · Aug 1, 2017

The government moved to dismiss the case for lack of subject matter jurisdiction on the ground that the United States had not waived sovereign immunity. … They principally argued that the government had not waived sovereign immunity for this type of suit. See Defs.’ Mot. to Dismiss, Xia v. Kerry, 14-cv-57 (June 13, 2014). The district court rejected that argument, Xia v.

Gulf States Utilities Company v. Federal Energy Regulatory Commission, Union Carbide Corporation, Intervenor

922 F.2d 873 · Court of Appeals for the D.C. Circuit · Jan 11, 1991

and Fina Oil and Chemical Company (Fin-Lin) that would establish a cogeneration operation. … The Commission understandably does not wish to attempt to draw those boundaries categorically, but rather would prefer to proceed on a case-by-case basis — which an administrative agency is clearly entitled to do.

Lathram, Layne v. Snow, John

336 F.3d 1085 · Court of Appeals for the D.C. Circuit · Sep 9, 2003

To establish a prima facie case of discriminatory non-promotion, the plaintiff must show that: ‘‘(1) he is a member of a protected class; (2) he applied for and was qualified for an available position; (3) despite his qualifications … The government contends that there was no evidence that Lathram had been performing such work, but it is clearly 4 See generally 5 C.F.R. §§ 6.1, 6.2 (describing Schedule A appointments).

United States v. Hammond

354 F. Supp. 3d 28 · Court of Appeals for the D.C. Circuit · Dec 7, 2018

Yet, each rebuke those circuits cite enforced 28 U.S.C. § 2254 (d)(1)'s limitation of federal relief to cases in which a state court unreasonably applied "clearly established Federal law, as determined by the Supreme Court … Strict enforcement of what has been "clearly established" for § 2254 is necessary to "prevent[ ] defendants-and federal courts-from using federal habeas corpus review as a vehicle to second-guess the reasonable decisions

Tenngasco Exchange Corp. v. Federal Energy Regulatory Commission

952 F.2d 535 · Court of Appeals for the D.C. Circuit · Jan 7, 1992

argument, that even with respect to pipeline affiliates, FERC has on some occasions exercised its statutory authority to define certain sales as first sales “in order to prevent circumvention of any maximum lawful price established … Indeed, the Commission stated quite clearly in that order that, for this reason, Tenngasco’s sales of imported gas do not qualify for the “first sale” exemption. Id.

Camille Grosdidier v. Broadcasting Board of Governors

709 F.3d 19 · Court of Appeals for the D.C. Circuit · Mar 8, 2013

To prevail on a relative qualifications claim, Grosdidier must show that she is “significantly better qualified for the job than [the applicant] ultimately chosen.” Adeyemi v. … But absent evidence of pretext or discriminatory motive, the court “must respect the employer’s unfettered discretion to choose among qualified applicants.” Id.