Case law

Utility Solid Waste Activities Group v. Environmental Protection Agency

236 F.3d 749 · Court of Appeals for the D.C. Circuit · Jan 30, 2001

PCBs are also carcinogenic and toxic, and may cause immune system suppression, liver damage, endocrine disruption in humans and animals and skin irritation. … EPA also thinks it qualified for the exception to notice and comment rulemaking contained in APA § 553(b)(B) (“when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in

Dolph Briscoe, Governor of the State of Texas v. Edward H. Levi, United States Attorney General

535 F.2d 1259 · Court of Appeals for the D.C. Circuit · Apr 19, 1976

has been carved out and jurisdiction of the courts established, where the papers establish on their face a plain violation by the Board of a statutory command which warrants immediate intervention by an equity court. *1265 … [T]here could be no State which would qualify for the registration only. If it qualifies for the registration, it must, without any doubt, qualify under the voting criteria.

Securities & Exchange Commission v. Prudential Securities Inc.

136 F.3d 153 · Court of Appeals for the D.C. Circuit · Feb 20, 1998

establishes that the government did not intend for third parties to enforce the consent decree." … Appellants contend that to disallow such claims would unfairly immunize parties to consent decrees against all ordi- nary claims by nonparties relating to performance under such decrees, but this is not true as a broad

Committee of United States Citizens Living in Nicaragua v. Ronald Wilson Reagan, President of the United States

859 F.2d 929 · Court of Appeals for the D.C. Circuit · Dec 16, 1988

The barrier of sovereign immunity may explain the dearth of such precedents. … immunity).

Warren, William A. v. United States

234 F.3d 1331 · Court of Appeals for the D.C. Circuit · Dec 26, 2000

The statute operates as a waiver of the United States' sovereign immunity as to certain quiet title actions. See 28 U.S.C. s 2409a(a). … Fullard-Leo does not, however, establish a "federal common law" right of ownership in "remote islands."

Iris McKinney v. Honorable Elizabeth Dole, Secretary of Transportation

765 F.2d 1129 · Court of Appeals for the D.C. Circuit · Jul 2, 1985

McKinney was 44 years old— clearly within the age class protected by 29 U.S.C. § 633a(a). . … McKinney’s response to the motion would have been enough to establish the existence of a genuine issue of material fact. .

American Bankers Association v. National Credit Union Administration

271 F.3d 262 · Court of Appeals for the D.C. Circuit · Dec 28, 2001

. §§ 1751 -1795k, provides for the establishment of federal credit unions and governs their operations. … Finally, the rule establishes criteria to implement the statute’s “well-defined local community” standard and adopts a presumption that certain areas, defined by political jurisdiction and population, meet that standard.

United States v. Kendrick Albert Cicero, A/K/A Kenny, A/K/A Diamond, A/K/A Paul Haynes, A/K/A Albert Kenrich Cicero

22 F.3d 1156 · Court of Appeals for the D.C. Circuit · May 10, 1994

The pretrial services reports at issue in this case, by contrast, clearly qualify for the business records exception. … The proof need not establish with certainty the exact date of the alleged offense[s].

Akiachak Native Community v. United States Department of the Interior

827 F.3d 100 · Court of Appeals for the D.C. Circuit · Jul 1, 2016

recognized Indian tribe relative to the privileges and immunities available to other federally recognized tribes.” … “To qualify as a case fit for federal-court adjudication [under Article III, section 2], ‘an actual controversy must be extant at all stages of review, not merely at the time the complaint is filed.’ ” Arizonans for Official

American Hospital Association v. Alex Azar, II

967 F.3d 818 · Court of Appeals for the D.C. Circuit · Jul 31, 2020

To sum up: subparagraphs (12)(A) and (12)(C) do not, by their terms, clearly cover HHS’s decision to cut SCOD reimbursement to 340B hospitals. … After all, HHS’s rate reduction for payments to 340B hospitals does “establish the rate for separately payable drugs.”

O'Neill v. District of Columbia

132 F.2d 601 · Court of Appeals for the D.C. Circuit · Dec 21, 1942

The widow qualified as executrix and in due time filed the required District of Columbia inheritance tax return. … The interest devised and bequeathed admittedly arises on the death of the testator and is clearly taxable under the local act. The question is, how it shall be taxed.

Elliott v. Acosta

291 F. Supp. 3d 50 · Court of Appeals for the D.C. Circuit · Jan 26, 2018

A plaintiff must make such a showing to establish that triable issues remain. … As litigation was underway, DOL clearly had an obligation to maintain relevant evidence in its possession. The Court also concludes that Mr.

Baker v. District of Columbia

39 App. D.C. 42 · Court of Appeals for the D.C. Circuit · May 14, 1912

It was contended on the argument that the object of the statute was to amend the proceedings in lunacy, and that it begins with the appropriate word “hereafter,” clearly indicating the purpose to make it operate prospectively … As indicated in the statutes establishing the hospital for the insane, and providing for its management, it was not the purpose to extend its benefits without charge to those able to pay therefor.

Barbara Loe v. Margaret M. Heckler, Secretary of Health and Human Services

768 F.2d 409 · Court of Appeals for the D.C. Circuit · Jul 26, 1985

I was not referred for three positions for which I qualified as required by the remedy; and b. … A position for which I qualified and was the only candidate was cancelled by the individual found to be the discriminatory individual in the earlier complaint. c.

Desert Hospital v. National Labor Relations Board

91 F.3d 187 · Court of Appeals for the D.C. Circuit · Aug 9, 1996

Here, the parties clearly did. In Avecor, Inc. v. … Taken as a whole, however, the evidence clearly supports the Board’s finding that no defacto termination of Davis occurred.

Adele Halkin v. Richard Helms, Department of State

690 F.2d 977 · Court of Appeals for the D.C. Circuit · Sep 21, 1982

, violations of substantive constitutional provisions, or the quantum of damages was clearly minimal. … (a) Injunctive relief In our view the district court’s decision to deny injunctive relief against the defendants was clearly in accord with established principles.

Harris v. Federal Aviation Administration

353 F.3d 1006 · Court of Appeals for the D.C. Circuit · Jan 13, 2004

Regional FAA offices also published their own recruitment notices, which established their own particular salary ranges. … We have previously declared that section 2401(a), ‘‘[u]n- like an ordinary statute of limitations, TTT is a jurisdictional condi- tion attached to the government’s waiver of sovereign immunity,’’ Spannaus v.

Robert E. Heggestad v. District of Columbia

48 F.3d 562 · Court of Appeals for the D.C. Circuit · Jan 12, 1995

Sec. 1983 , government officers performing discretionary functions enjoy qualified immunity insofar as their conduct does not violate clearly established rights of which reasonable persons would have been aware. … Qualified immunity depends on the objective legal reasonableness of the officer's actions. Harlow, 457 U.S. at 819 .

Bradley v. Davidson

47 App. D.C. 266 · Court of Appeals for the D.C. Circuit · Feb 4, 1918

That the Davidsons occupied a confidential relationship towards their uncle clearly appears. … E. 907 , it was ruled tlint, a witness qualified as an expert as to a certain subject may be required to express an opinion regarding that, subject, if he has one, but cannot be required to perform labor in order to qualify

Automotive Parts & Accessories Association, Inc. v. Alan S. Boyd, Secretary of the Department of Transportation, Automotive Service Industry Association, Intervenor. Sterling Products Company, Inc. v. Alan S. Boyd, Secretary of the Department of Transportation

407 F.2d 330 · Court of Appeals for the D.C. Circuit · Dec 27, 1968

Second, the record before us clearly shows that, under the administrative scheme thus established, Dr. … The record clearly indicates, however, that both the Council and commission were consulted before the issuance of the Standard.