Case law

William Worthy, Jr. v. Christian A. Herter, Secretary of State

270 F.2d 905 · Court of Appeals for the D.C. Circuit · Jun 9, 1959

factors relating to our broad national welfare and other matters for which the Chief Executive has special responsibility * * 11 The Supreme Court held that the President’s decision was guided by his foreign policy and was immune … His delegation to the Secretary is complete. 12 But, if the power to act rests upon statutes, we think the existing ones are clearly sufficient.

United States v. Tom Malenya

736 F.3d 554 · Court of Appeals for the D.C. Circuit · Dec 3, 2013

Finding the supposed error not to be clear enough to qualify as plain error, we will not review Malenya’s forfeited claim. … Probation Office when you establish a significant romantic relationship, and shall then inform the other party of your prior criminal history concerning your sex of *559 fenses.

Atchison, Topeka & Santa Fe Railway Company v. Interstate Commerce Commission and United States of America, Commonwealth of Pennsylvania, Alabama Power Co., Etc. (The Southern Co.), the National Cotton Council, Commonwealth Edison Co., Consumers Power Co., National Steel Corp., Board of Trade of the City of Chicago, National Industrial Traffic League, American Electric Power Service Corp., Copper Development Assn., Inc., Central Louisiana Electric Co., Farm and Industrial Equipment Institute, Aluminum Assn., Inc., Intervenors. Commonwealth Edison Company v. Interstate Commerce Commission and the United States of America, Commonwealth of Pennsylvania, National Cotton Council, American Electric Power Service Corp., Railroads, Atchison, Topeka, Farm and Industrial Equipment Institute, the National Industrial Traffic League, Intervenors

580 F.2d 623 · Court of Appeals for the D.C. Circuit · May 2, 1978

FTC brief at 19 n.* 16 FTC Brief at 19 n.*, 25 n.*** (expressing a qualified acceptance of the 70% Test for market dominance, while rejecting a counterpresumption of effective competition) 17 In accord with this reading is … for antitrust immunity 30 United States v.

James Price v. Sharon Pratt Kelly

56 F.3d 1531 · Court of Appeals for the D.C. Circuit · May 23, 1995

Register as required to establish the legal effect of "any rule, regulation, or document," D.C.Code Ann. … In the absence of a protected liberty interest, we need not consider whether appellees were entitled to qualified immunity or whether the appellant received due process.

Daskalea v. Washington Humane Society

577 F. Supp. 2d 82 · Court of Appeals for the D.C. Circuit · Sep 9, 2008

While this hypothetical scenario may not be common, it is sufficient to establish that petitioners’ facial challenge must fail. … immunity grounds, which the Court shall address in a separate opinion.

Coal Exporters Ass'n of the United States, Inc. v. United States

745 F.2d 76 · Court of Appeals for the D.C. Circuit · Sep 18, 1984

The Department of Justice took no position except to state that any such exemption must end antitrust immunity for exempted transportation. … What the Commission clearly did argue in its opinion was that market forces did establish “substantial” constraints on railroad behavior. But that is not in conflict with the existence of monopoly power.

International Union of Bricklayers and Allied Craftsmen v. Edwin Meese Iii, Attorney General of the United States

761 F.2d 798 · Court of Appeals for the D.C. Circuit · May 17, 1985

This is sufficient to establish standing. Cf. City of Los Angeles v. … The history of that legislation clearly established that Congress intended to protect American labor from an influx of cheaper foreign competition. Church of the Holy Trinity v.

Hunter v. Federal Energy Regulatory Commission

711 F.3d 155 · Court of Appeals for the D.C. Circuit · Mar 15, 2013

Congress ended this hodgepodge regulatory system in 1974 by amending the Commodity Exchange Act and establishing the CFTC as we know it today. … “[A]bsent a clearly expressed congressional intention” to repeal CEA section 2(a)(1)(A), Morton v.

United States v. Mark Albritton

75 F.3d 709 · Court of Appeals for the D.C. Circuit · Feb 20, 1996

The cases establish that due process is met so long as the government does not compel a defendant to wear prison clothes at trial. … In Caballero, we concluded that the defendant could qualify for a section 3B1.2 adjustment so long as the evidence established that the "relevant conduct" involved more than one participant and that the defendant's culpability

Civic Telecasting Corp. v. Federal Communications Commission

523 F.2d 1185 · Court of Appeals for the D.C. Circuit · Nov 28, 1975

Congress clearly recognized that sound regulation has procedural as well as substantive elements, and that “the public interest, convenience, and necessity” comprehends both. … ; (3) The applicant is not in violation of pro-visions of law or this chapter or established policies of the Commission; and (4) A grant of the application would other-wise serve the public interest, convenience, and necessity

Margaret Williams v. Donna E. Shalala, Secretary, United States Department of Health and Human Services

997 F.2d 1494 · Court of Appeals for the D.C. Circuit · Jul 9, 1993

A Treating Physician The established rule is that an ALJ must accord substantial weight to the findings of a treating physician such as Dr. Dobbs in social security disability cases, see Poulin v. … the Administrative Law Judge finds that these conclusions are not supported by substantial psychiatric evidence of record which shows that the claimant does, in fact, have a somatoform disorder but that this condition is clearly

Interstate Fire & Casualty Co v. Washington Hospital Center Corp.

Court of Appeals for the D.C. Circuit · Jul 18, 2014

Banks was “clearly part of the [hospital’s] regular business.” Interstate Fire I, 853 F. Supp. 2d at 57-58. … that Nurse Hand qualifies as an “employee” of Washington Hospital under the Greenspring policy.

Vance v. Allen v. United States

390 F.2d 476 · Court of Appeals for the D.C. Circuit · Jan 25, 1968

Whether police have left the channel of “investigation” and run onto the shoals of “custodial interrogation” cannot be determined by reference to some chart clearly designating the various lights, bells, buoys and other chán … The government contends that Dennis involved nothing more than the application of the established “particularized need” test of Pittsburgh Plate Glass Co. v.

United States v. Randolph Lancaster

968 F.2d 1250 · Court of Appeals for the D.C. Circuit · Jun 30, 1992

The Court decided against departure but the record does not clearly reflect whether the court determined it was without authority to depart, which is a reviewable ruling, see United States v. … The Presentence Report recommended grouping under section 3D1.2(d), but, as discussed below, the crack house counts do not qualify for grouping thereunder.

Corporation of the Presiding Bishop of the Church of Jesus Christ of the Latter-Day Saints v. Donald P. Hodel, Secretary of the Interior

830 F.2d 374 · Court of Appeals for the D.C. Circuit · Oct 9, 1987

Under appellant’s own criteria, a judicial action cannot qualify as a “taking” absent “gross” or “arbitrary” error. … No doubt, the due process clause of the Fifth Amendment may qualify this prerogative in some way.

Mg-Tv Broadcasting Company v. Federal Communications Commission, Seven Arts Broadcasting Co., Inc., Intervenor

408 F.2d 1257 · Court of Appeals for the D.C. Circuit · Dec 20, 1968

without a comparative hearing there was no reason to believe it was less well qualified than Seven Arts. … The Commission clearly contemplated that Rappaport’s two applications — the one for extension, the other for permission to assign — would stand or fall together.

California Communities Against Toxics v. Envtl. Prot. Agency

928 F.3d 1041 · Court of Appeals for the D.C. Circuit · Jul 2, 2019

Contrary to EPA’s objection, petitioners have established standing. … These provisions apply only to materials first qualifying as “solid waste,” and hence the statutory definition of “solid waste” underlies the EPA regulations at issue here.

Appalachian Power Co. v. Environmental Protection Agency

208 F.3d 1015 · Court of Appeals for the D.C. Circuit · Apr 14, 2000

has duly promulgated in compliance with the procedures laid down in the statute or in the Administrative Procedure Act.11 If this were all that "bind- ing" meant, EPA's Periodic Monitoring Guidance could not possibly qualify … Furthermore, EPA's action is national in scope and Congress clearly intended this court to determine the validity of such EPA actions. See 42 U.S.C. s 7607.

United States ex rel. Westrick v. Second Chance Body Armor, Inc.

289 F. Supp. 3d 145 · Court of Appeals for the D.C. Circuit · Feb 2, 2018

Phoenix is qualified to opine on properties of Zylon fiber, they disagree over whether Dr. … Riley is qualified to opine on whether fiber suppliers should provide a product that meets its purchasing specifications. Dr.

IGas Holdings, Inc. v. EPA

Court of Appeals for the D.C. Circuit · Aug 1, 2025

The Framework Rule also established an allocation plan for the 2022–2023 allowances. … The established rules of statutory interpretation “hold[] good for delegations, just as for other statutory provisions.” Id. at 141.