Case law

Idaho Conservation League v. Andrew Wheeler

930 F.3d 494 · Court of Appeals for the D.C. Circuit · Jul 19, 2019

Although it is debatable whether the EPA’s Final Action qualifies as a “regulation,” 2 we have jurisdiction under the All Writs Act, 28 U.S.C. § 1651(a), to review the EPA’s “withdrawal of a proposed rule . . . in order ‘ … Cir. 2000) (EPA chose not to adopt proposed rule due to intervening issue regarding tribal immunity).

Julius Mullins v. Kaiser Steel Corporation

642 F.2d 1302 · Court of Appeals for the D.C. Circuit · May 4, 1981

But the trustees of a union welfare fund are sometimes immune from contract defenses that could be asserted against the union itself because such a rule better serves the concern of federal labor policy to protect union members … The Court in Connell rejected both of these claims to antitrust immunity.

United States v. Lamont S. Carter, United States of America v. Jerome R. Patterson, United States of America v. Jerome R. Patterson

522 F.2d 666 · Court of Appeals for the D.C. Circuit · Jul 18, 1975

It is established, however, that the mere presence of an accused at the scene of a crime is not sufficient to establish his guilt. 54 In our examination of the record, we are met with a dearth of any other direct or circumstantial … These two individuals testified under promises of immunity from prosecution. . The fourth resident was Marzell Peterson. . It was in evidence that appellant Carter drove a blue Falcon. .

United States v. Federal Communications Commission

652 F.2d 72 · Court of Appeals for the D.C. Circuit · Mar 7, 1980

The disputed facts in this case are clearly adjudicative in nature. … Even in cases where the controversy in question is clearly within the agency’s field of expertise, however, a hearing may be useful.

Krukas v. AARP, Inc.

376 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Mar 17, 2019

These allegations suffice to establish an injury in fact at this stage. … CODE §§ 28-3901 to 28-3903 ; id. § 28-3901(c) ) (establishing enforceable right to truthful information).

National Federation of the Blind v. United States Department of Transportation

827 F.3d 51 · Court of Appeals for the D.C. Circuit · Jun 28, 2016

to “ensure non-discriminatory treatment of qualified handicapped individuals.” … NYRSC built on the foundation established in Investment Co.

United States v. Raymond Moore

486 F.2d 1139 · Court of Appeals for the D.C. Circuit · Oct 23, 1973

As I have already indicated, punishment of such a defendant can clearly be justified in terms of deterrence, isolation, and treatment. … Second, the arrangement of the items on the bed indicated clearly that two persons were working there.

Haynes, Charles v. Williams, Anthony

392 F.3d 478 · Court of Appeals for the D.C. Circuit · Dec 17, 2004

Second, as Haynes acknowledges, it was he who bore the burden of establishing that his impairment substantially limited his sleeping. See Appellant’s Br. at 14 (citing Bailey, 306 F.3d at 1167 ). … To the contrary, Mutcherson testified that "clearly most of his problems — that is, most of his severe problems — occurred at work.” Id. at 23 (J.A. 51).

Papago Tribal Utility Authority v. Federal Energy Regulatory Commission

610 F.2d 914 · Court of Appeals for the D.C. Circuit · Aug 21, 1979

Canons of Construction For the reasons we have articulated, we believe the parties’ covenant on rate changes clearly bars unilateral increases of the contract rates. … any evidence of adequate consideration to CP&L for total surrender of its fixed-rate contract rights reinforces the obvious grammatical interpretation of Section 5, i. e., that the “authorized” provision was intended to qualify

Nicholas J. Larionoff, Jr. v. The United States of America, Nicholas J. Larionoff, Jr. v. The United States of America

533 F.2d 1167 · Court of Appeals for the D.C. Circuit · Apr 29, 1976

In these skills, additional reenlistment incentives are clearly needed. … Our decision does not eliminate the other conditions established by the military departments.

Diamond Walnut Growers, Inc. v. National Labor Relations Board

113 F.3d 1259 · Court of Appeals for the D.C. Circuit · May 20, 1997

And Munoz was qualified to fill a forklift operating job, a position that paid between $2.75 and $5.00 per hour more than the walnut cracking and inspecting job she received. … The Board has clearly decided not to make any such exception, and its decision is eminently reasonable.

Environmental Defense Fund v. U.S. Environmental Protection Agency

852 F.2d 1309 · Court of Appeals for the D.C. Circuit · Jul 29, 1988

RCRA: Subtitles C and D 2 Congress enacted RCRA in 1976 to establish a comprehensive federal program to regulate the handling of solid wastes. Subtitle D of RCRA, 42 U.S.C. … Sec. 6903 (27), that do not qualify for regulation as "hazardous wastes" under Subtitle C.

Environ Comm FL Elec Power v. EPA

94 F.4th 77 · Court of Appeals for the D.C. Circuit · Mar 1, 2024

As a result, every measure established by EPA under that provision needed to qualify as an “emission standard,” including by satisfying the requirement that the measure operate on a “continuous basis.” … We explained that the Act’s citizen-suit provision “clearly vests authority over private suits in the courts, not EPA.” Id. at 1063.

Manhattan Tankers, Inc. v. Elizabeth H. Dole, Secretary of Transportation Manhattan Tankers, Inc. v. Elizabeth H. Dole, Secretary of Transportation Ogden Challenger Transport, Inc.

787 F.2d 667 · Court of Appeals for the D.C. Circuit · Apr 11, 1986

The Coast Guard has, moreover, exercised its rulemaking powers to establish more specific rules to govern the enrollment process. … Although the exact contours of the "zone of interests" test may be elusive, Manhattan Tankers' claim clearly satisfies the test.

United States v. Jared Cardoza

713 F.3d 656 · Court of Appeals for the D.C. Circuit · Apr 12, 2013

The Government first argues that the District Court clearly erred in finding that the police officer’s statements in the warrant affidavit were made with reckless disregard for the truth. … Efforts to establish probable cause based on affidavits less substantial than the corrected and qualified affidavit now before this Court are unlikely to inch over the threshold.

Committee for Effective Cellular Rules v. Federal Communications Commission and United States of America, Bellsouth Corporation, Intervenors

53 F.3d 1309 · Court of Appeals for the D.C. Circuit · May 9, 1995

The Commission has now established those standards and procedures through newly issued regulations. … In that case, the Commission decided, through a rulemaking, to award a license to a consortium of qualified and interested applicants rather than selecting a single licensee. Id. at 436.

Janet Allen v. Jeh Johnson

795 F.3d 34 · Court of Appeals for the D.C. Circuit · Jul 24, 2015

Invidious motive is especially tricky to establish in such circumstances because judicially wieldy metrics of fair treatment are difficult for plaintiffs to establish. … When counsel asked her clearly about specific meetings, Hill had no difficulty explaining her decisions. See, e.g., id. at 153:1-3.

Halberstam v. Welch

705 F.2d 472 · Court of Appeals for the D.C. Circuit · Apr 12, 1983

As pristine legal concepts, conspiracy and aiding-abetting can be distinguished clearly enough. … First, several courts have struggled over the question of whether silence and inaction alone can qualify as “substantial assistance.”

Southern Ry. Co. v. Taylor

16 F.2d 517 · Court of Appeals for the D.C. Circuit · Dec 6, 1926

Justice Holmes, speaking for the court, said: “The doctrine as to fellow servants may be, as it has been called, a bad exception to a bad rule; but it is established, and it is not open to courts to do away with it upon their … Clearly plaintiff and Smith were fellow servants, and, if the common-law rule still prevails in this District, plaintiff cannot recover.

William Von Sleichter v. United States

472 F.2d 1244 · Court of Appeals for the D.C. Circuit · Aug 4, 1972

It is one thing to say that a citizen's cooperation is a moral duty rather than a legal duty that can be compelled. 5 It is quite another to contend that the Constitution provides an immunity from arrest for a person who … California, supra: 24 "* * * While the four-letter word * * * is not uncommonly employed in a personally provocative fashion, in this instance it was clearly not 'directed to the person of the hearer.' * * Nor do we have