Case law

Granfield v. Catholic University of America

530 F.2d 1035 · Court of Appeals for the D.C. Circuit · Jan 29, 1976

Secular as well as Catholic colleges and universities are willing to bid for qualified Catholic teachers, including priests. The situation has become critical and even desperate. … The court’s finding on the making of a promise is subject to review under the clearly erroneous standard. Rule 52(a), Fed.R.Civ.P.

Am. Ctr. for Law & Justice v. U.S. Dep't of State

330 F. Supp. 3d 293 · Court of Appeals for the D.C. Circuit · Sep 10, 2018

"The agency bears the burden to establish the applicability of a claimed exemption to any records or portions of records it seeks to withhold." Id. … Here, the redacted communication was authored by Meehan, an NSC official who appears to qualify as an immediate White House adviser.

American Electric Power Service Corporation v. Federal Energy Regulatory Commission

675 F.2d 1226 · Court of Appeals for the D.C. Circuit · Apr 23, 1982

Thus our holding should not be read as requiring FERC to establish different standards for a variety of cogeneration cases and methods. … Accordingly, the Commission proposes that for energy generated by a new facility or by capacity installed after the date of issuance of these rules, a qualifying facility be permitted to sell its output at rates established

Robert C. Fielding v. John Henry Brebbia and George D. Webster

479 F.2d 195 · Court of Appeals for the D.C. Circuit · Jun 11, 1973

By 1965, pursuant to a Nevada statute, the state organized Savings & Loan was required to qualify for federal insurance backed by the Federal Savings and Loan Insurance Corporation. … Other cases cited by the appellant have been considered but are clearly distinguishable. Compare, e. g., Doe v. A Corp., 330 F.Supp. 1352 (S.D.N.Y.1971), aff’d sub nom. Hall v. A.

National Association of Regulatory Utility Commissioners v. Federal Energy Regulatory Commission, Tenaska, Inc., Intervenors

475 F.3d 1277 · Court of Appeals for the D.C. Circuit · Jan 12, 2007

Bd. of Regents, 528 U.S. 62, 73-74 , 120 S.Ct. 631 , 145 L.Ed.2d 522 (2000) (whether a federal statute abrogates state sovereign immunity); Gregory, 501 U.S. at 461-67 , 111 S.Ct. 2395 (whether the federal Age Discrimination … Here, FERC has not identified any federal statute that clearly authorizes the Commission to regulate the use of state eminent domain power.

Janice L. Booker v. Cynthia E. Edwards and Henry G. Cisneros, Secretary of the Department of Housing and Urban Development

99 F.3d 1165 · Court of Appeals for the D.C. Circuit · Nov 8, 1996

By contrast, a regulation that does not clearly establish a uniform federal rule may be construed to leave room for application of local law. See North Dakota v. … The HUD regulations here clearly fall into the former category, completely covering the issue of rights of first refusal. Booker cites Rowe v.

Deep South Broadcasting Company v. Federal Communications Commission, Triple C Broadcasting Corporation, Intervenor

347 F.2d 459 · Court of Appeals for the D.C. Circuit · Apr 1, 1965

The personnel of the Review Board must “be qualified, by reason of their training, experience, and competence, to perform * * * review functions * * 2 It is responsible solely to the Commission. … Of course, I agree with my colleagues that WKTG had the burden of establishing that a waiver of the 10 per cent rule was as appropriate in the use of 5 kw power as had already been found in its use of 1 kw power.

Chaplaincy of Full Gospel Churches v. United States Navy

738 F.3d 425 · Court of Appeals for the D.C. Circuit · Dec 27, 2013

According to the chaplains, the boards take an initial secret vote and then the board president recommends two score cut- offs: candidates above the higher score are treated as clearly deserving promotion, and ones below … Establishment. The chaplains say that under Larson v.

Khan v. Obama

655 F.3d 20 · Court of Appeals for the D.C. Circuit · Sep 6, 2011

Khan argues that this testimony, together with Khan’s own statements in interrogation reports, clearly establishes that there was no HIG presence in Kandahar that year. … DEP’T OF HOMELAND SEC., TERRORIST ORGANIZATION REFERENCE GUIDE (2004) (“HIG has long-established ties with Bin Ladin. . . .

Marvin K. Hammon United States of America v. Marion S. Barry, Jr., Mayor, D.C. (Two Cases). Kevin Michael Byrne United States of America v. Theodore R. Coleman, D.C. Fire Chief

826 F.2d 73 · Court of Appeals for the D.C. Circuit · Aug 14, 1987

Justice Stevens quite clearly would proceed separately from the rest of the Court. … The Plan states simply that the racial composition of each entering class hired from the 1984 test must reflect the racial makeup of the qualified applicants for the job, and since the District knew the exact number of qualified

CREW v. DOJ

Court of Appeals for the D.C. Circuit · Jan 31, 2023

The use of such a modifier in Exemption 4 “clearly marks the provision’s boundaries.” Milner, 562 U.S. at 569. … They do not treat such consequences alone as sufficient to establish that information is “commercial” under Exemption 4.

In Re Carter-Mondale Reelection Committee, Inc.

642 F.2d 538 · Court of Appeals for the D.C. Circuit · Sep 12, 1980

Sec. 9006 (c), and no contributions to defray expenses which would be qualified campaign expenses but for 26 U.S.C. … Section 143.2 to receive a payment in the amount of $29,440,000.00 from the Presidential Election Campaign Fund established pursuant to 26 U.S.C. Section 9006 .

United States v. Peter D. Van Oosterhout

96 F.3d 1491 · Court of Appeals for the D.C. Circuit · Oct 8, 1996

River Capital was established under the Small Business Investment Act of 1958, 15 U.S.C. §§ 681 -687m (1988), as a Small Business Investment Corporation (SBIC). … It is SBA’s offering circular which preceded the issuance of the bonds, and not the regulations, that tells us quite clearly when SBA became liable to Chemical.

Edward A. Baker, D/B/A Union City Radio v. Federal Communications Commission, Land O'Lakes Broadcasting Corporation, Intervenor

834 F.2d 181 · Court of Appeals for the D.C. Circuit · Dec 1, 1987

As previously stated, the FCC’s decision in Santee Cooper clearly held that the issuance of a construction permit is the triggering event for purposes of section 307(b)’s attribution rules. … Until overruled or qualified, the Santee Cooper precedent, in its current shape, binds the Commission.

Worthington Compressors, Inc. v. Costle

662 F.2d 45 · Court of Appeals for the D.C. Circuit · Aug 20, 1981

In Chrysler Corp. the Supreme Court refused to decide whether the Trade Secrets Act is such a withholding statute. 60 In 1976 Congress narrowed Exemption 3, making it more difficult for statutes to qualify as withholding … A statute qualifies under Exemption 3 only if it “(A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) established particular criteria for withholding or

Eldred, Eric v. Reno, Janet

239 F.3d 372 · Court of Appeals for the D.C. Circuit · Feb 16, 2001

In keeping with this approach, we held in United Video that copyrights are categorically immune from challenges under the First Amendment. … The plaintiffs read the Court’s guidance more broadly, in the light of Feist, to mean that a work in the public domain lacks the originality required to qualify for a copyright.

National Ass'n of Securities Dealers, Inc. v. Securities & Exchange Commission

420 F.2d 83 · Court of Appeals for the D.C. Circuit · Jul 1, 1969

The establishment of a bank-sponsored collective investment fund is not barred by the banking laws. … The critical question of congressional intent is this: Did Congress intend to immunize rulings of the Comptroller from judicial review?

Seatrain International, S.A. v. Federal Maritime Commission and United States of America, Japan/korea-Atlantic and Gulf Freight Conference, Intervenor

598 F.2d 289 · Court of Appeals for the D.C. Circuit · Apr 12, 1979

United States, 93 U.S.App.D.C. 293 , 299, 211 F.2d 51, 57 (1954), this court held that the FMC can exercise its statutory power to grant antitrust immunity to shipping conferences only after scrutiniz[ing] the agreement to … The relationship between the terms of service considered by JKAG and those offered by TPF was clearly relevant to any estimate of the benefits likely from the proposed action.

Farmers & Merchants Mutual Telephone Co. v. Federal Communications Commission

668 F.3d 714 · Court of Appeals for the D.C. Circuit · Dec 30, 2011

Section 203(c)(3) makes unlawful a common carrier’s provision of service outside of the terms of its tariff; Qwest’s complaint alleged Farmers violated section 203(c) and a Commission ruling Farmers did so could not immunize … Farmers III imposes a retrospective refund: rather the Commission found that the rates could properly serve as a basis for section 201(b) liability even if they had been properly charged under the tariff and Qwest thus could qualify

Certified Color Manufacturers Association v. F. David Mathews, Secretary of the Department of Hew

543 F.2d 284 · Court of Appeals for the D.C. Circuit · Jul 6, 1976

any, of such additive in the diet of man or animals, taking into account the same or any chemically or pharmacologically related substance or substances in such diet; (iii) safety factors which, in the opinion of experts qualified … Such order may reinstate a terminated provisional listing, or increase or dispense with a previously established temporary tolerance limitation, or make less restrictive any other limitation established by him under paragraph