Case law

American Federation of Government Employees v. Gates

486 F.3d 1316 · Court of Appeals for the D.C. Circuit · May 18, 2007

And subsections (m)(l) and (m)(8) by their terms plainly qualify as such exceptions through November 2009. … Given that deferential standard of review, we conclude that the extensive review process outlined above easily qualifies as “fair treatment.”

American Cetacean Society v. Baldrige

768 F.2d 426 · Court of Appeals for the D.C. Circuit · Aug 6, 1985

I am not persuaded that the Secretary’s interpretation of the Pelly Amendment was clearly erroneous. III. A. … Thus such seriousness was not necessary for actions to qualify as "tending to diminish the effectiveness" of the Commission’s recommendations.

Cohen v. United States

578 F.3d 1 · Court of Appeals for the D.C. Circuit · Aug 7, 2009

It clearly concluded the IRS’s decisionmaking process. We turn, then, to consider whether the notice produced legal consequences. … Therefore, Appellants must establish that their injury falls *12 within the “zone of interests” sought to be protected by § 7422. Lujan v.

Fran Heiser v. Islamic Republic of Iran

735 F.3d 934 · Court of Appeals for the D.C. Circuit · Nov 19, 2013

The floor debate clearly demonstrates that at least some members of Congress wanted to use Iran’s assets to pay its victims, whether or not the executive agreed. … Co., 61 A.2d 26, 27 (D.C. 1948) (“The weight of authority clearly favors a strict construction of attachment statutes.”), modified on other grounds, 62 A.2d 371 (D.C. 1948).

Nikita Shonta Petties,appellees v. District of Columbia,appellants

227 F.3d 469 · Court of Appeals for the D.C. Circuit · Oct 6, 2000

While we are not at all sure that Forgay has continuing vitality apart from the collateral order doctrine, it is obvious in any event that plaintiffs’ showing falls short of the mark this court has established. … That clearly is not the law of this court, much less of this case.

Michigan Gambling Opposition v. Kempthorne

525 F.3d 23 · Court of Appeals for the D.C. Circuit · Apr 29, 2008

But it also specifies that these procedures will be established pursuant to section 1507.3. Id. … Courts “have almost never felt qualified to second-guess Congress regarding the permissible degree of policy judgment that can be left to those executing or applying the law.”

United States v. Cyrus T. Anderson

509 F.2d 312 · Court of Appeals for the D.C. Circuit · Mar 24, 1975

Norton’s unwillingness to testify voluntarily, and had sought and obtained for her a grant of immunity from prosecution. … It may be that the words “in itself,” appearing twice in the proposed instruction, were intended to qualify the broad proposition stated.

Skinner v. United States Department of Justice & Bureau of Prisons

584 F.3d 1093 · Court of Appeals for the D.C. Circuit · Oct 27, 2009

We need not resolve this issue, however, because there is another ground for dismissal that is clearly established by a series of decisions of both the Supreme Court and this circuit. … any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Smuck v. Hobson

408 F.2d 175 · Court of Appeals for the D.C. Circuit · Jan 21, 1969

Should succeed, the Board of Education wiHrl.fpfv' deed be freed of certain constraints upon its exercise of discretion in establishing educational policy. … While the scope of this discretion is uncertain, its existence is not: some policies may be constitutionally permissible, and hence immune to attack in a fresh lawsuit, which are not constitutionally required.

United States v. Franklyn C. Nofziger

878 F.2d 442 · Court of Appeals for the D.C. Circuit · Sep 5, 1989

The purported “ambiguity” troubling the majority is mystifying to me, because the basics of grammar and punctuation so clearly teach that the qualifying adverb “knowingly” only modifies the “appearance offense,” not the “ … As with the statute in Liparota , the hypothetical blue sky law includes no additional adverbial qualifier besides knowingly.

Bouchard v. Washington

514 F.2d 824 · Court of Appeals for the D.C. Circuit · Jun 12, 1975

Development to provide financial and technical assistance enabling cities to plan and execute certain types of programs designed to improve the quality of urban life in the United States. 2 Among the projects which may qualify … It is the city’s responsibility, in good faith deliberation with its citizen participation component, to define clearly and set forth the responsibilities and authority of the citizen participation component in these areas

Robert C. McGarry v. Secretary of the Treasury

853 F.2d 981 · Court of Appeals for the D.C. Circuit · Aug 12, 1988

It is a settled principle of statutory construction that “[ajbsent a clearly expressed legislative intention to the contrary, [a statute’s] language must ordinarily be regarded as conclusive.” … But Congress also shielded waiver applications by qualifying them as “tax return information.”

Alan J. White v. Office of Personnel Management Alan J. White v. Office of Personnel Management

787 F.2d 660 · Court of Appeals for the D.C. Circuit · Apr 11, 1986

Board of Bar Examiners, 353 U.S. 232 , 77 S.Ct. 752 , 1 *665 L.Ed.2d 796 (1957) (evidence relied upon in denying Schware the opportunity to qualify as a lawyer was insufficient and the denial deprived Schware of due process … Nor are we denying the importance of the due process clause in regulating such an employment relationship once it is established.

Northwest Airlines, Inc. v. Air Line Pilots Association, International

808 F.2d 76 · Court of Appeals for the D.C. Circuit · Jan 6, 1987

Communications Workers, 29 has clearly stated that doubts about the arbitrability of issues should be resolved in favor of coverage: Finally, where it has been established that where the contract contains an arbitration clause … Furthermore, the Board’s award was conditioned upon a finding by the FAA— i.e., the authorized public agency responsible for licensing pilots — that Morrison was fit and qualified to fly.

Worthington Compressors, Inc. v. Gorsuch

668 F.2d 1371 · Court of Appeals for the D.C. Circuit · Nov 20, 1981

This ignores the facts that the statement was qualified by the word “ordinarily” and that it spoke in terms of necessity rather than permissibility. … We therefore have no reason to reconsider our adherence to Sears, which was based on well-established principles governing review of a district court grant of summary judgment.

Honeywell International, Inc. v. Nuclear Regulatory Commission

628 F.3d 568 · Court of Appeals for the D.C. Circuit · Dec 21, 2010

The court has repeatedly held that “conditional or qualified statements, including statements that something ‘may be’ permitted, do not establish definitive and authoritative interpretations.” MetWest Inc. v. … These statements qualify the Commission’s action, rather than establish a definitive policy that could be changed only by notice and comment rulemaking. See Ass’n of Am. Railroads, 198 F.3d at 949.

Am. Great Lakes Ports Ass'n v. Zukunft

296 F. Supp. 3d 27 · Court of Appeals for the D.C. Circuit · Nov 3, 2017

The Coast Guard admitted in its final rule that "[o]ther factors contribute to delays," but it still argued that "clearly pilot shortfalls are one important factor." Id. at 11,921 . … Even if the Coast Guard's actions in 2015 could be construed as establishing a new policy, the policy is not as broad as Plaintiffs would suggest.

International Transmission Company v. FERC

988 F.3d 471 · Court of Appeals for the D.C. Circuit · Feb 19, 2021

It stated that Order No. 679 “established criteria for use in determining whether an entity with active ownership by a market participant is sufficiently independent to qualify for a Transco Adder,” including the criteria … ITC’s claim fails, however, as FERC’s analysis clearly tracked “the two-step procedure mandated by section 206.” Id. at 22.

Amer Fam Assn Inc v. FCC

Court of Appeals for the D.C. Circuit · May 11, 2004

Similarly, because AFA centrally owns and con- trols its members, AFA affiliates will not likely qualify for the ‘‘established local entities’’ credit. … Religious groups may be established local entities, may be diverse, and may have superior technical capability.

Transcontinental Gas Pipe Line Corp. v. Federal Energy Regulatory Commission

922 F.2d 865 · Court of Appeals for the D.C. Circuit · Jan 11, 1991

The Appendix to the Settlement Agreement contained revised Schedules T-I and T-II, but qualified these schedules as being “adjusted only for the cost of service adjustments underlying this Agreement.” Id. … As this Court previously has recognized, “[i]t is well established that an agency’s interpretation of the intended effect of its own orders is controlling unless clearly erroneous.” CMC Real Estate Corp. v.