Case law

National Wildlife Federation v. United States Environmental Protection Agency

980 F.2d 765 · Court of Appeals for the D.C. Circuit · Dec 11, 1992

First, the Act affords the EPA wide discretion to establish the procedures and criterion for deciding when to grant and withdraw primacy. … “[W]hen a legal challenge focuses on an announcement of a substantive statutory interpretation, courts are emphatically qualified to decide whether an agency has acted outside of the bounds of reason....

Ljc Corporation v. John J. Boyle

768 F.2d 1489 · Court of Appeals for the D.C. Circuit · Aug 2, 1985

That stipulation also established procedures to *1491 govern any later defaults on either payments due from LJC under the notes or real estate taxes due from LJC under the lease and the sublease (the leases). … the estate and not significantly prejudice the lessor,” In re Easthampton Sand & Gravel Co., 25 B.R. 193, 198 (Bankr.E.D.N.Y.1982) (citations omitted), although equity will not relieve a debtor "of conditions which are clearly

Evelyn Falkowski v. Equal Employment Opportunity Commission

719 F.2d 470 · Court of Appeals for the D.C. Circuit · Oct 14, 1983

They therefore contend that plaintiff’s suit is barred by the doctrine of sovereign immunity. … Such relief is clearly equitable in nature and not money damages.

National Ass'n of Concerned Veterans v. Secretary of Defense

675 F.2d 1319 · Court of Appeals for the D.C. Circuit · Apr 23, 1982

Our review of these appeals establishes that there is a definite need for a further definition of the obligations of attorney fee applicants in documenting their claims as well as a need to define more clearly procedures … Since the District Court is uniquely qualified to assess the quality of counsel’s performance an adjustment of the lodestar based on this factor rests peculiarly in the Court’s discretion.

Koniag, Inc. v. Andrus

580 F.2d 601 · Court of Appeals for the D.C. Circuit · Apr 28, 1978

Administrative agencies, however, have unique resources for establishing broad, prospective policies. … This regulation quite clearly establishes three classes of persons who have standing: those asserting a property interest in land, federal agencies, and regional corporations in land selection cases.

New Radio Corporation v. Federal Communications Commission, Orange County Broadcasting Company, Intervenor

804 F.2d 756 · Court of Appeals for the D.C. Circuit · Nov 14, 1986

Because we find that the record clearly supports the Board’s award of a 307(b) preference to Orange County, we affirm. *758 I. … After receiving nine mutually exclusive applications from qualified applicants, the Commission designated the applications for hearing in a consolidated proceeding.

Environmental Action, Inc. v. Federal Energy Regulatory Commission

939 F.2d 1057 · Court of Appeals for the D.C. Circuit · Aug 2, 1991

Put otherwise, the PURPA establishes a specific public interest in encouraging QFs by giving them certain rights. … Even if the parties’ predictions regarding the emergence of a non-firm market were more clearly incompatible at the theoretical level, it is within the scope of the agency’s expertise to make such a prediction about the market

Illinois Cities of Bethany v. Federal Energy Regulatory Commission, Central Illinois Public Service Co., Intervenor

670 F.2d 187 · Court of Appeals for the D.C. Circuit · Oct 30, 1981

The Commission clearly has the discretion to adopt interim procedures which, if found inappropriate for any reason, will be remedied on a retroactive basis. . … To qualify for rate 9-B, customers must guarantee “load,” that is, a fairly constant demand, as well as high demand. See J.A. 60 (additional testimony of Carl Wall). .

Asa Investerings Partnership,appellants v. Commissioner of Internal Revenue

201 F.3d 505 · Court of Appeals for the D.C. Circuit · Feb 1, 2000

Because the LIBOR notes provided for 20 quarterly payments at a variable rate, and the PPNs were not sold on an established securities market, the sale of the PPNs qualified for use of the installment method. … We agree if engaging in business activity were sufficient to validate a partnership ASA would qualify.

Alaska Airlines, Inc. v. Civil Aeronautics Board

545 F.2d 194 · Court of Appeals for the D.C. Circuit · Oct 28, 1976

Prior to 1951, ASA qualified as an Alaskan air carrier since its authority was confined to intra-Alaska operations. … These allegations clearly contemplated violations of the Federal Aviation Act by ASA, thus coming within the purview of § 1482(a).

Wilhelm H. Von Aulock and J.M. Hidalgo v. J. Clay Smith, Jr., Acting Chairman, Equal Employment Opportunity Commission

720 F.2d 176 · Court of Appeals for the D.C. Circuit · Oct 21, 1983

employers for any discriminatory action taken in good faith reliance on an EEOC interpretation, even if that interpretation eventually is declared to be contrary to law. 5 The effect of the Bulletin, in other words, is to immunize … Carr, 369 U.S. 186 , 82 S.Ct. 691 , 7 L.Ed.2d 663 (1962), or even the injury-in-fact component of standing where the injury claimed is one that qualifies for constitutional purposes only because a law has protected it, Warth

James P. Hoffa v. Frank E. Fitzsimmons and Ray Schoessling, James P. Hoffa v. Frank E. Fitzsimmons Josephine Hoffa v. Frank E. Fitzsimmons

673 F.2d 1345 · Court of Appeals for the D.C. Circuit · Mar 26, 1982

Thus, the power of the trustee and Administrative Committee to make a conclusive determination of Hoffa’s entitlement under the Plan would appear clearly established. … This was the chief form of relief requested by Hoffa in connection with Count I and is clearly the most appropriate redress he can be granted.

Edison Electric Institute v. United States Environmental Protection Agency

2 F.3d 438 · Court of Appeals for the D.C. Circuit · Aug 24, 1993

As EPA notes, however, this passage hardly indicates that inorganic constituents would be immune from more stringent regulation. … The Congress did not clearly address the interaction of Subchapters C and I in the context of petroleum wastes, and EPA’s interpretation is (like the NRDC’s) a “permissible construction of the statute.”

Mark P. Schlefer v. United States of America

702 F.2d 233 · Court of Appeals for the D.C. Circuit · Mar 1, 1983

The examples included in the record are peremptory legal opinions or directives from the Chief Counsel, written with a clearly implied expectation that they are to be followed. … In short, document updating may confirm that the final product is not deliberative, but the absence of updating does not establish that the unrevised document is. D.

Chuck Stone v. Federal Communications Commission, the Evening Star Broadcasting Company, Intervenor

466 F.2d 316 · Court of Appeals for the D.C. Circuit · Sep 1, 1972

C., community leaders, including black community leaders, was sufficiently regular to qualify as “continuing.” … The FCC, however, in its rule-making capacity is clearly the proper for *329 um for posing objections to the quality and nature of media programming.

Hans Oetiker v. Jurid Werke, G. M. B. H

556 F.2d 1 · Court of Appeals for the D.C. Circuit · Mar 4, 1977

The Supreme Court reversed the lower courts with respect to the petitioner’s right to sue and held that proof of fraudulent procurement would strip the patentee of his traditional immunity from the antitrust laws. 382 U.S … That this passage was not intended to be a holding is indicated by the following paragraph, which stated: As respondent points out, [petitioner] has not clearly articulated its claim.

James E. Redden v. Interstate Commerce Commission and United States of America, Csx Transportation, Inc., Kokomo Grain Company, Inc., Intervenors

956 F.2d 302 · Court of Appeals for the D.C. Circuit · Jun 4, 1992

The parties dispute whether the CSX employees have suffered a qualifying injury. … Simmons also involved a situation in which the injury asserted to establish Article III standing would have occurred only if the track at issue were sold to a carrier.

Howard v. Bradshaw and Ona Bradshaw v. United States of America, Howard v. Bradshaw and Ona Bradshaw v. United States

443 F.2d 759 · Court of Appeals for the D.C. Circuit · Feb 11, 1971

The lesson to be drawn from a combined reading of Brooks and Feres is that a suit by a member of the military establishment against the U.S. … nature of the relationship of the United States to the District Disability Act is not of such character as to justify immunity from suit.

James L. Hatcher v. Office of the Comptroller of the Currency

631 F.2d 985 · Court of Appeals for the D.C. Circuit · Aug 14, 1980

Because the terms of the settlement agreement did not clearly prohibit appellant's second cause of action as set forth in the amended complaint in the district court, we reject the government's estoppel argument. … The Government gave up its right to discharge appellant for cause and allowed him to continue as an employee until he qualified for enhanced retirement benefits.

Clark-Cowlitz Joint Operating Agency v. Federal Energy Regulatory Commission

826 F.2d 1074 · Court of Appeals for the D.C. Circuit · Aug 11, 1987

In discerning this distinction, the court clearly la-belled Laidlaw a case of ‘. … Merwin clearly qualifies as a case of first impression under the Retail, Wholesale analysis, which, the dissent acknowledges, is the "seminal case fixing the law of the circuit for retroactive application of agency adjudications