Case law

Natl Lime Assn v. EPA

233 F.3d 625 · Court of Appeals for the D.C. Circuit · Mar 2, 2001

According to EPA, the potential health effects of these pollutants include inflammation of the respira- tory tract, reproductive problems, cancer, nausea, blood disor- ders, and damage to the immune system. … The EPA cites no authority--and we know of none-- suggesting that the position taken by one association affects the right of another to seek judicial review; and although the possibility of an adverse precedent is clearly

Democratic National Committee v. Federal Communications Commission

460 F.2d 891 · Court of Appeals for the D.C. Circuit · Feb 2, 1972

ABC clearly acted within its discretion. (J.A. 138.) … The Commission does not seek to establish a rigid formula for compliance with the fairness doctrine.

Laker Airways Limited, a Foreign Corporation v. Sabena, Belgian World Airlines, a Foreign Corporation Klm, Royal Dutch Airlines, a Foreign Corporation, Laker Airways Limited, a Foreign Corporation v. Sabena, Belgian World Airlines, a Foreign Corporation, Klm, Royal Dutch Airlines, a Foreign Corporation

731 F.2d 909 · Court of Appeals for the D.C. Circuit · Mar 6, 1984

This position was qualified by the Court of Appeal. See Court of Appeal Judgment at 583-84, supra note 15 39 See Foreign Sovereign Immunities Act, 28 U.S.C. … Topco Associates, Inc., 405 U.S. 596, 610 , 92 S.Ct. 1126, 1134 , 31 L.Ed.2d 515 (1972) 75 The specific terms of this treaty, upon which British Caledonian and British Airways rely to establish their purported immunity from

State Airlines, Inc. v. Civil Aeronautics Board

174 F.2d 510 · Court of Appeals for the D.C. Circuit · Apr 6, 1949

Linn, 8 the Supreme Court of Alabama said: “Modify ordinarily is not used in a sense of completely setting aside the thing to be modified, but to limit, qualify or moderate.” … The Board impliedly concedes that State had thus not only established the need but proven its fitness to serve those routes and points.

Harrison E. Salisbury v. United States of America

690 F.2d 966 · Court of Appeals for the D.C. Circuit · Sep 21, 1982

In this case, he argues, where the record establishes a strong likelihood that NSA has intercepted Mr. … In the instant case, the District Court clearly balanced the appropriate factors in determining that dismissal was necessary.

Iowaska Church of Healing v. Daniel Werfel

Court of Appeals for the D.C. Circuit · Jun 21, 2024

The District Court did not clearly err in determining that the Church did not meet its burden here. … The case did not, however, establish the presumptive legality of Ayahuasca use by any purportedly religious group.

United States v. Juan Vega

826 F.3d 514 · Court of Appeals for the D.C. Circuit · Jun 24, 2016

On multiple occasions throughout the instructions, the district court accurately and clearly explained the mens rea requirement. … Taken as a whole, these instructions clearly informed the jurors of the precise nature of the mens rea question before them.

Omar, Sandra K. v. Harvey, Francis J.

479 F.3d 1 · Court of Appeals for the D.C. Circuit · Feb 9, 2007

The first two factors clearly favor the government here, and the district court’s findings in favor of Omar on the remaining two factors are dubious at best. … But as noted, Omar has not established any legal basis for protection from Iraqi custody. 6 It simply defies logic for a court to conclude Omar needs a preliminary injunction to protect him from the consequences of the relief

National Right to Work Committee, Inc. v. Federal Election Commission Federal Election Commission v. National Right to Work Committee, Inc.

665 F.2d 371 · Court of Appeals for the D.C. Circuit · Sep 4, 1981

The first amendment clearly protects political expression in the form of association and solicitation. NAACP v. Button, 371 U.S. 415 , 83 S.Ct. 328 , 9 L.Ed.2d 405 (1963); Village of Schaumburg v. … A person who, through his response, evidences an intention to support NRWC in promoting voluntary unionism qualifies as a member.

Community Broadcasting Co., Inc. v. Federal Communications Commission, Modern Broadcasting Company of Baton Rouge, Inc., Intervenor. Community Broadcasting Co., Inc. v. United States of America, Federal Communications Commission, Modern Broadcasting Company of Baton Rouge, Inc., Intervenor

274 F.2d 753 · Court of Appeals for the D.C. Circuit · Feb 8, 1960

After the rule-making proceedings had gone forward nearly two years and had clearly established the need for the shift of Channel 9 to Baton Rouge, with the qualifications of Modern already established as it was a licensee … disclosing whatever additional data might be required, with only one request before it for an STA, the Commission granted temporary authority to Modern. 3 46 Community filed no protest under 47 U.S.C.A. 309(c) as the Act clearly

Henderson v. George Washington University

449 F.3d 127 · Court of Appeals for the D.C. Circuit · Jun 2, 2006

The record in this case clearly belies this conclusion. C. … Salem clearly has probative value, although to what degree is unclear. Immediately following Dr.

Kevin Jost,petitioners v. Surface Transportation Board and United States of America, Central Kansas Railway, Limited Liability Company, Intervenor

194 F.3d 79 · Court of Appeals for the D.C. Circuit · Oct 22, 1999

CKR filed a notice of exemption with the Board, indicating that the line qualified as “out-of-service.” … However, the Board’s presumption that a trail sponsor is qualified is rebuttable.

Roth Ex Rel. Bower v. United States Department of Justice

642 F.3d 1161 · Court of Appeals for the D.C. Circuit · Jun 28, 2011

The agency “bears the burden of establishing the applicability” of any exemption it invokes, and “even if [the] agency establishes an exemption, it must nonetheless disclose all reasonably segregable, nonexempt portions of … Favish requires that the FOIA requester “establish more than a bare suspicion” of misconduct. 541 U.S. at 174 , 124 S.Ct. 1570 .

Toolasprashad v. Bureau of Prisons

286 F.3d 576 · Court of Appeals for the D.C. Circuit · Apr 19, 2002

The evidence is clearly in favor of plaintiff that the defendants retaliated against plaintiff and the Court cannot ignore same."). … Reasonable reliance by some employees cannot immunize an agency from the Privacy Act consequences of employing other individuals who (alleg- edly) deliberately falsify records.

Ardelyx, Inc. v. Robert F. Kennedy Jr.

Court of Appeals for the D.C. Circuit · Jun 26, 2026

Yet Ardelyx raises distinct arguments as to why each action does not qualify as an “identification of renal dialysis services.” … The Congress spoke clearly when it wanted to address drugs admin- istered in a certain form and when it wanted to omit particular items from the definition of “renal dialysis services.”

New South Broadcasting Corporation v. Federal Communications Commission

879 F.2d 867 · Court of Appeals for the D.C. Circuit · Jul 7, 1989

Where the Commission determines that a clearly established community with palpable broadcast needs exists, the quiet village doctrine does not apply. … that the locality qualifies as a ‘licensable’ community,” 2 F.C.C.

Democratic National Committee v. Federal Communications Commission and United States of America, American Broadcasting Companies, Inc., Intervenors. Republican National Committee v. Federal Communications Commission and United States of America, Democratic National Committee, Intervenors

460 F.2d 891 · Court of Appeals for the D.C. Circuit · Feb 2, 1972

ABC clearly acted within its discretion. 46 (J.A. 138.) … The Commission does not seek to establish a rigid formula for compliance with the fairness doctrine.

Kirwa v. U.S. Dep't of Def.

285 F. Supp. 3d 257 · Court of Appeals for the D.C. Circuit · Jan 11, 2018

As the government conceded at oral argument, Brown had a right to apply for citizenship, established by federal law.") … But these arguments are clearly refuted by the allegations in plaintiffs' complaint. ( See, e.g. , Am. Compl. ¶¶ 112-13.)

Anderson, Vicente J. v. Zubieta, Alberto

180 F.3d 329 · Court of Appeals for the D.C. Circuit · Jul 2, 1999

Cir. 1976)); see also Berger, 843 F.2d at 1422 ("Plaintiffs hope to connect the violations which are clearly within the limitations period ... to the violations we have held to be outside the limitations period."). … Timing of citizenship is one way to qualify, but it is not the only way.

Puerto Rico Higher Education Assistance Corporation v. Richard W. Riley, Secretary of the Department of Education

10 F.3d 847 · Court of Appeals for the D.C. Circuit · Dec 10, 1993

The 1987 amendments clearly do not require their consideration. Nonetheless, the Department may not exercise its discretion indiscriminately. … That is clearly lacking in this case.