Case law

Food & Water Watch v. U.S. Dep't of Agric.

325 F. Supp. 3d 39 · Court of Appeals for the D.C. Circuit · Sep 7, 2018

Accordingly, a federal loan guarantee for OMH's CAFO qualifies as a Class II action for which a complete EA is required. See 40 C.F.R. § 1940.312 (c)(9)-(10) (2015); Defs.' Mem. Supp. Mot. J. Pleadings ("Defs.' … Cir. 1987) (explaining that " Rule 12(c) requires that the movant show, at the close of the pleadings, that no material issue of fact remains to be solved, and that he or she is clearly entitled to judgment as a matter of

Environmental Defense Fund v. Environmental Protection Agency

852 F.2d 1316 · Court of Appeals for the D.C. Circuit · Jul 29, 1988

would not qualify under any acceptable definition, however precise, of “special wastes.” … Since the six hazardous smelter wastes clearly are not “high volume, low hazard” wastes, EPA cannot refuse to relist them.

The Black Panther Party v. William French Smith, Attorney General of the United States

661 F.2d 1243 · Court of Appeals for the D.C. Circuit · Jul 8, 1981

The preconditions for compelling disclosure established in Carey were simply that the party seeking disclosure has made reasonable attempts to obtain the information elsewhere, and that the information sought goes to the … And granting more limited immunity, considering the breadth of the alleged criminal activities, could lead to endless litigation.

United States v. Western Electric Company, Inc. American Telephone and Telegraph Company, Bellsouth Corporation, Bell Atlantic Corporation

46 F.3d 1198 · Court of Appeals for the D.C. Circuit · Feb 17, 1995

Carey, 706 F.2d 956, 967 (2d Cir.), cert. denied, 464 U.S. 915 , 104 S.Ct. 277 , 78 L.Ed.2d 257 (1983), “is long-established, broad, and flexible.” … Only a year after entering the decree the district court wrote that “[w]ith respect to exchange telecommunications ... the Operating Companies and the Regional Companies will, by definition, be limited to clearly defined

Fort Sill Apache Tribe v. Nat'l Indian Gaming Comm'n

345 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Nov 28, 2018

Yet "[t]he attorney-client privilege ranks among the oldest and most established evidentiary privileges known to our law." Jicarilla Apache Nation , 564 U.S. at 165 , 131 S.Ct. 2313 . … That letter clearly qualifies as "[l]egal advice sent from the Solicitor's Office to personnel at the Interior," subject to the attorney-client privilege in civil litigation.

Ashland Exploration, Inc. v. Federal Energy Regulatory Commission

631 F.2d 817 · Court of Appeals for the D.C. Circuit · May 29, 1980

Such payments were required to qualify under the conditions imposed by the applicable rulemaking order. … Such agency actions are clearly valid. See City of Chicago v. FPC, 128 U.S.App.D.C. 107 , 385 F.2d 629 , 641-42 (1967), cert. denied, 390 U.S. 945 , 88 S.Ct. 1028 , 19 L.Ed.2d 1133 (1968). 18 .

Johnson v. Rudolph

16 F.2d 525 · Court of Appeals for the D.C. Circuit · Dec 6, 1926

Baker, supra, as qualified by French v. Barber Asphalt Co., 181 U. S. 324 , 21 S. Ct. 625 , 45 L. Ed. 879 , and Wight v. Davidson, 181 U. S. 371 , 21 S. Ct. 616 , 45 L. … The decision in that case clearly rests upon the implied consent of the property owners, because of the failure of a majority to protest, and in view of the lack of physical inequalities.

Commty Agnst Runway v. FAA

355 F.3d 678 · Court of Appeals for the D.C. Circuit · Jan 30, 2004

Statutory Context The AAIA authorizes the FAA to provide federal funding for airport improvement projects and establishes detailed requirements that must be satisfied in order for a project to be eligible for such funding … Boston’s claim, in any event, clearly fails on the merits.

American Civil Liberties Union v. United States Department of Justice

750 F.3d 927 · Court of Appeals for the D.C. Circuit · May 9, 2014

See Ray, 502 U.S. at 171, 177 , 112 S.Ct. 541 ; cf. id. at 179 , 112 S.Ct. 541 (observing that the Court’s resolution of the case .allowed it to avoid deciding whether derivative uses of disclosed information could qualify … It is well-established that federal agencies may disclose particular records or portions of records responsive to a request ■without disclosing all responsive records so long as they have some legitimate FOIA-based reason

Hardy v. Ross (In re Hardy)

589 B.R. 217 · Court of Appeals for the D.C. Circuit · Sep 11, 2018

As previously discussed, this Court concludes that the turnover order was properly entered and the record clearly establishes that Ms. Hardy did not comply with the Bankruptcy Court's order. Indeed, Ms. … As discussed, the commercial real estate property was clearly property of the estate pursuant to 11 U.S.C. § 541 .

Joel D. Joseph v. United States Civil Service Commission

554 F.2d 1140 · Court of Appeals for the D.C. Circuit · Jan 17, 1977

The District of Columbia cannot qualify for an exemption under the first alternative in subsection 7327(b)(1). … Such facts are clearly proper for judicial notice. See McCormack’s Handbook of the Law of Evidence, § 330 (E. Cleary ed. 1972). .

Childs v. United States Board of Parole

511 F.2d 1270 · Court of Appeals for the D.C. Circuit · Dec 19, 1974

Rather than being an ad hoc exercise of clemency, parole is an established variation on imprisonment of convicted criminals. … Deming, 57 App.D.C. 223 , 19 F.2d 697, 698 (1927), the court stated, The purpose of mandamus is not to establish a legal right but to enforce one already established; hence the legal right of relator to the performance of

Natural Resources Defense Council v. Environmental Protection Agency

571 F.3d 1245 · Court of Appeals for the D.C. Circuit · Jul 10, 2009

The EPA has long allowed emissions reductions occurring before a permit application to qualify as offset credits under specified circumstances. … In 1980, the EPA “clarif[ied]” Appendix S to limit to eighteen months the period during which it governed NSR in a qualifying nonattainment area.

David Weaver Adams v. Pan American World Airways, Inc., a Domestic Corporation John Eric Clifton v. Pan American World Airways, Inc., a Domestic Corporation John Eric Clifton v. Pan American World Airways, Inc., a Domestic Corporation Appeal of Union De Transports Aeriens. (Two Cases) David Weaver Adams v. Pan American World Airways, Inc., a Domestic Corporation

828 F.2d 24 · Court of Appeals for the D.C. Circuit · Oct 1, 1987

This too was settled, with the defendants establishing a fund to provide plaintiffs reduced airfares for a five-year period. … Thus, only harm stemming from a reduction in competition qualifies as injury cognizable under the antitrust laws. E.g., id.; see also Cargill, Inc. v.

Shekoyan, Vladmir v. Sibley Intl

409 F.3d 414 · Court of Appeals for the D.C. Circuit · Jun 3, 2005

Yet even assuming, arguendo, that a lawful permanent resident qualifies as a U.S. national—a matter the parties dispute—Shekoyan faces a significant problem: Title VII does more than merely exclude an alien employed overseas … Supp.2d 476, 477 (S.D.N.Y. 1999) (extraterritorial application of ADEA “clearly limited”); O’Laughlin v. The Pritchard Corp., 972 F. Supp. 1352, 1364 (D.

Florida Cellular Mobil Communications Corp. v. Federal Communications Commission

28 F.3d 191 · Court of Appeals for the D.C. Circuit · Jul 15, 1994

Each facially complete application is qualified to be included in a lottery for a particular Service Area license upon the applicant’s certification that the application is complete and contains all the information required … ConClusion The Commission rules for the nonwireline Rural Service Area licensing process clearly prohibited multiple ownership interests in competing applicants.

In Re Adoption of a Minor

144 F.2d 644 · Court of Appeals for the D.C. Circuit · Jul 17, 1944

In doing so the legislative intent becomes even more clearly revealed by consideration, both, of the provisions of the Act and of its legislative history. … protect adoptive parents as well as the adopted child; to close the records against inspection in order to avoid future embarrassment and humiliation; to make available the services of the Board of Public Welfare, or other qualified

Air Line Pilots Association, International v. Delta Air Lines, Inc

863 F.2d 87 · Court of Appeals for the D.C. Circuit · Dec 16, 1988

established by the parties. … Denial of such a certificate is required in order to qualify for permanent disability benefits.” This is the same reason that the Committee gave for denying Hazeltine’s application for benefits.

American Federation of Government Employees v. Department of Housing & Urban Development

118 F.3d 786 · Court of Appeals for the D.C. Circuit · Jul 15, 1997

Finally, the court held that the illegal drug use question on the SF 86 would not violate the Fifth Amendment because it contains the equivalent of a use immunity statement. … It is quite a telling failure when the constitutional right at issue is not well-established.

General Accounting Office v. General Accounting Office Personnel Appeals Board, Morris L. Shaller, Intervenor

698 F.2d 516 · Court of Appeals for the D.C. Circuit · Jan 18, 1983

[T]he ultimate responsibility [for the adoption of implementing regulations] clearly rested with the Board[.] ... … Representation by the General Counsel in appeals cases may, for example, provide (1) a valuable screening function, since petitioners found not to qualify for assistance by the General Counsel might be less likely to pursue