Case law

Donald F. Goldberg v. U.S. Department of State

818 F.2d 71 · Court of Appeals for the D.C. Circuit · May 8, 1987

The District Court, although clearly troubled by the form of Goldberg’s submission — a declaration based not on personal knowledge, but on the opinions of another — accepted the declaration for purposes of ruling on the summary … Eaves in his Washington, D.C. office, is best qualified to determine whether the ambassador's questionnaire responses should be classified.

Carlos Lopez v. Federal Aviation Administration

318 F.3d 242 · Court of Appeals for the D.C. Circuit · Mar 5, 2003

Likewise, in Doe the court explained, citing Vitarelli and Service , that when agencies establish “special” “pre-termination procedures,” they are bound to follow them. 753 F.2d at 1098 . … It is not the right of every qualified applicant to be granted a DER designation.”

Hotel and Restaurant Employees Union, Local 25 v. William French Smith, U.S. Attorney General

846 F.2d 1499 · Court of Appeals for the D.C. Circuit · May 20, 1988

The Refugee Act of 1980 requires the INS, under procedures established by the Attorney General, to grant political asylum to any applicant who qualifies as a “refugee.” Id. § 1158(a); see also 8 C.F.R. … An alien seeking refugee status has the burden of establishing that he meets the statutory standard as a refugee in order to qualify for asylum. 8 C.F.R. § 208.5 .

National Ass'n of Manufacturers v. Securities & Exchange Commission

800 F.3d 518 · Court of Appeals for the D.C. Circuit · Aug 18, 2015

I would conclude that interest qualifies as a substantial one under Central Hudson . … That a disclosure is factual, standing alone, does not immunize it from scrutiny because “[t]he right against compelled speech is not, and cannot be, restricted to ideological messages.”

Pacific Gas & Electric Co. v. Federal Energy Regulatory Commission

326 F.3d 243 · Court of Appeals for the D.C. Circuit · Apr 25, 2003

Whatever the exact contours of what might be a change ‘‘to’’ Appendix A, PG&E’s filing cannot qualify. Transmission rates. … This e-mail refusal is clearly relevant to a conclusion that PG&E failed to substantially comply with the joint review requirement.

Railway Labor Executives' Association v. Csx Transportation, Inc

938 F.2d 224 · Court of Appeals for the D.C. Circuit · Sep 19, 1991

Congress clearly re- ' quires that sales transactions like P & LE’s proposal must satisfy the requirements of the ICA, but we find nothing in the RLA to prevent the immediate consummation of P & LE’s contract to sell. … CSXT argues that we may affirm the district court on the alternative ground that under the immunity clause in section 11341(a), the ICC’s approval of the sales preempts any bargaining and status quo obligations imposed by

Coal Employment Project v. Elizabeth Hanford Dole, in Her Capacity as Secretary of Labor, United States Department of Labor

889 F.2d 1127 · Court of Appeals for the D.C. Circuit · Nov 21, 1989

Clearly, not all non-technical violations involve such extraordinary negligence. … Clearly, MSHA has a valid interest in promoting the efficient use of its own resources.

Charles D. Long v. District of Columbia

469 F.2d 927 · Court of Appeals for the D.C. Circuit · Dec 4, 1972

Appellant was clearly not placed "under arrest" by the police officers. The first statute under attack deals only with questioning following an "arrest." … difficulty believing that the plaintiff is realistically threatened by a repetition of the 1969 incident. 38 This is not to intimate that the current guidelines, which the plaintiff challenges as a class representative, are immune

Kwik Care Ltd. v. National Labor Relations Board

82 F.3d 1122 · Court of Appeals for the D.C. Circuit · May 7, 1996

Again the materials were enclosed in a clearly-marked Union envelope. D. … The Union argues that the Board’s recent decision in Brookville Healthcare Center, 312 N.L.R.B. 594 , 1993 WL 391269 (1993) (“Brookville”), establishes that, as a matter of law, altered ballots do not have the tendency to

Associated Gas Distributors v. Federal Energy Regulatory Commission

899 F.2d 1250 · Court of Appeals for the D.C. Circuit · Apr 6, 1990

Tejas had submitted a § 311 request to Texas Eastern during a “window” period established by Texas Eastern’s tariff. … Indeed, Tejas itself (which as things currently stand has established the legitimacy of its transportation request but lost its place in the queue) observes that if AGD’s view of § 311 prevails, “the LDCs with pre-established

United States v. Ferrara

54 F.3d 825 · Court of Appeals for the D.C. Circuit · Jul 28, 1995

Therefore, in order to establish jurisdiction over New Mexico under the Government's alternative theory, the State must qualify as a person within the meaning of the statute despite the Government's contention that it is … Sec. 1983 because application to States not "clearly indicated") (internal brackets omitted).

Tennessee Gas Pipeline Company, a Division of Tenneco Inc. v. Federal Energy Regulatory Commission

860 F.2d 446 · Court of Appeals for the D.C. Circuit · Oct 28, 1988

. *448 A customer qualifies as a GS customer if its daily entitlement does not exceed a specified level. 2 For many years, Tennessee has offered a special firm sales rate to such customers. … For § 5, it is well-established, see Northern Natural Gas Co. v. FERC, 827 F.2d 779 , 781 (D.C.Cir.1987); see also Sea Robin Pipeline Co. v.

Tenngasco Exchange Corporation v. Federal Energy Regulatory Commission

952 F.2d 535 · Court of Appeals for the D.C. Circuit · Jan 7, 1992

argument, that even with respect to pipeline affiliates, FERC has on some occasions exercised its statutory authority to define certain sales as first sales "in order to prevent circumvention of any maximum lawful price established … Indeed, the Commission stated quite clearly in that order that, for this reason, Tenngasco's sales of imported gas do not qualify for the "first sale" exemption.

District of Columbia v. Samuel Sussman, District of Columbia v. Arthur Investment Co., Inc.

352 F.2d 683 · Court of Appeals for the D.C. Circuit · Jul 26, 1965

The tax statute which Congress enacted for the District expresses a policy that property taxes should be fixed at the beginning of the tax year to permit fiscal planning on the basis of clearly anticipated revenues. … defeat a Federal lien imposed for delinquency in Federal taxes, and it might be distinguished on the ground that Federal tax liens have traditionally been given more rigorous protection against state claims than Federal immunity

In re Disposable Contact Lens Antitrust Litig.

306 F. Supp. 3d 372 · Court of Appeals for the D.C. Circuit · May 18, 2017

Moreover, all of these *375 interests clearly outweigh any interest that Respondent has in having this Court resolve the motion to enforce the subpoena. … Notably, the MDL Panel apparently believed that the Issuing Court is particularly qualified to manage and conduct the pretrial proceedings and discovery in this complicated putative class action brought under federal and

Consumer Federation of America and Public Citizen v. U.S. Department of Health and Human Services

83 F.3d 1497 · Court of Appeals for the D.C. Circuit · May 21, 1996

Consumer Federation argues that use of the term “shall” makes explicit consideration of the risks and consequences of erroneous results mandatory; the qualifying words “as appropriate” merely give the agency discretion as … If Congress has spoken clearly to the question of how the agency may conduct proficiency testing, we will give effect to Congress’ intent.

United States v. Abdul Karim Shyllon, A/K/A A.K. Shyllon

10 F.3d 1 · Court of Appeals for the D.C. Circuit · Nov 30, 1993

Thus, the McCandless rule allowing incremental proof clearly seems to require the admission of evidence of the sort that Shyllon sought to elicit from Tessamichael. … We note, however, that two courts of appeals have suggested that, "[fjor purposes of Section 3B1.3, a position of trust, if any, must be established from the perspective of the victim." United States v.

United States ex rel. Krushnic v. West

30 F.2d 742 · Court of Appeals for the D.C. Circuit · Jan 7, 1929

Ordinarily, and in the absence of any withdrawal, the locator would have the right to relocate, equally only, however, to any other person qualified to locate. * * It is well settled that a failure to do the work or have … There is clearly no intent manifested of subjecting this- valuable privilege to confiscation by operation of departmental law.

Core Communications, Inc. v. Federal Communications Commission

592 F.3d 139 · Court of Appeals for the D.C. Circuit · Jan 12, 2010

Cir. 1999) (noting that intervenors not only failed to qualify for the Synovus exception but “present[ed] no reason why it could not have petitioned in its own right”). … physical connections with other carriers, to establish through routes and charges applicable thereto and the divisions of such charges, and to establish and provide facilities and regulations for operating such

Petchem, Inc. v. Federal Maritime Commission

853 F.2d 958 · Court of Appeals for the D.C. Circuit · Aug 9, 1988

As we review factual determinations made by the FMC after a formal hearing, we must apply the substantial evidence test established in paragraph (E). … As Petchem grows in experience, there is no reason to believe the company may not in time qualify to be among the bidders.