Case law

International Harvester Co. v. Ruckelshaus

478 F.2d 615 · Court of Appeals for the D.C. Circuit · Feb 10, 1973

The same NAS Report had stated : 34 the status of development and rate of progress made it possible that the larger manufacturers will be able to produce vehicles that will qualify, provided that provisions are made for catalyst … Requirement of Observed Data From Manufacturers Clearly this requires that the applicants come forward with data which showed that they could not comply with the contemplated standards.

Secretary of Labor v. KC Transport, Inc.

Court of Appeals for the D.C. Circuit · Apr 17, 2026

Reich, 510 U.S. 200, 215 (1994) (“[The Commission was] established exclusively to adjudicate Mine Act disputes.”). … Fantasy, Inc., 510 U.S. 517, 533 (1994) (“The word ‘may’ clearly connotes discretion.”). 129 Fed. R. App.

Securitypoint Holdings, Inc. v. Transportation Security Administration

836 F.3d 32 · Court of Appeals for the D.C. Circuit · Sep 2, 2016

The government bears the burden of establishing substantial justification. See Halverson v. Slater, 206 F.3d 1205, 1208 (D.C. Cir. 2000). … This indifference seems sufficiently beyond ordinary “arbitrary and capricious” agency action to qualify as lacking substantial justification.

United States v. John C. Brizendine, Charles M. Forsyth, James S. McDonnell Iii, and Sherman Pruitt, Jr.

659 F.2d 215 · Court of Appeals for the D.C. Circuit · Jul 17, 1981

United States, 217 U.S. 423, 430, 30 S.Ct. 539, 541 , 54 L.Ed. 821 (1910) (plea for statutory immunity). In addition to motions to dismiss based on speedy trial grounds, see United States v. … The language of Bordenkircher clearly implies that the notice requirement is limited to the situation in that case.

Florida Audubon Society v. Lloyd M. Bentsen, Secretary of the Treasury, and Margaret Richardson, Commissioner of the Internal Revenue Service

94 F.3d 658 · Court of Appeals for the D.C. Circuit · Aug 20, 1996

Although the court criticizes the City of Los Angeles test for not clearly requiring a showing of increased risk to “a particularized interest of the plaintiff, rather than the environment in general,” Maj. … In 1988, sixty-one United States senators 6 urged the Secretary to announce that ETBE qualifies for the tax credit, explaining that “[b]y establishing the eligibility of the credit, commercialization can occur immediately

Elliott v. United States Department of Agriculture

596 F.3d 842 · Court of Appeals for the D.C. Circuit · Feb 26, 2010

The district court nonetheless denied in part the government’s summary judgment motion on the grounds that the government had failed to establish the predominant internality of the blueprints or articulate clearly the connection … Determining whether the blueprints qualify as predominantly internal documents that relate to agency personnel rules and practices does not end our analysis.

Furey v. Mnuchin

334 F. Supp. 3d 148 · Court of Appeals for the D.C. Circuit · Sep 24, 2018

Plaintiff also points to Susarla's deposition testimony, in which he clearly could not remember how or why Graham provided any supplemental information to him. … Defendant concedes that a termination qualifies as an adverse action under Title VII and the ADEA. See Def.'s Mem. at 11.

Emmett J. Stebbins v. Keystone Insurance Company Emmett J. Stebbins v. Insurance Company of North America

481 F.2d 501 · Court of Appeals for the D.C. Circuit · Jun 5, 1973

One June 30, 1970, the court issued a memorandum 6 delineating the facts established by INA that were not in dispute. … In Bland we considered the merits of a challenge by a reserve officer to the Navy’s action in giving him a qualified discharge.

Cobell, Elouise v. Kempthorne, Dirk

455 F.3d 301 · Court of Appeals for the D.C. Circuit · Jul 11, 2006

We noted that the class members sought injunctive and declaratory relief; thus, the federal government’s sovereign immunity was waived under the APA. 240 F.3d at 1094-95. … The two bodies of law overlap in shaping our ability to grant relief once a specific breach of an established duty has been found.

Donald R. Ashton, Jr. v. Benjamin R. Civiletti, Attorney General of the United States of America, Department of Justice

613 F.2d 923 · Court of Appeals for the D.C. Circuit · Jan 4, 1980

Secretary, 192 U.S.App.D.C. 243 , 591 F.2d 852 (1978), an Air Force regulation embodying a general policy of termination for homosexual acts contained a qualifying provision to the effect that exceptions could be made if … In sum, appellees made to appellant “a clearly implied promise of continued employment,” Board of Regents v.

Natl Treas Empl v. FLRA

404 F.3d 454 · Court of Appeals for the D.C. Circuit · Apr 15, 2005

With respect to Sections 7106(a)(1) and 7106(b)(2), the Authority’s decision quite clearly was not arbitrary or capricious. … The Authority’s path to error was set when it erroneously found that “the agency has exercised its right to determine its internal security by having employees who are trained and qualified to carry firearms maintain possession

United States v. Tracey A. Hall

969 F.2d 1102 · Court of Appeals for the D.C. Circuit · Jul 10, 1992

The general contours of applicable Fourth Amendment law on consensual searches are well established. … On this record, we cannot say that the district court’s determination of voluntary consent was clearly erroneous. We therefore affirm its denial of appellant’s motion to suppress. B.

Atlas Brew Works, LLC v. Barr

391 F. Supp. 3d 6 · Court of Appeals for the D.C. Circuit · Jul 31, 2019

Cir. 2015) ("[Leonard's] claims do not qualify for the capable-of-repetition, yet-evading-review exception to the mootness doctrine because the likelihood of a future government shutdown is too speculative." … Therefore, while Biggs may have remarked on the likelihood of another California budget impasse, it was clearly not doing so under the rubric that controls the Court's inquiry in this case.

American Export-Isbrandtsen Lines, Inc., v. Federal Maritime Commission

389 F.2d 962 · Court of Appeals for the D.C. Circuit · Jan 18, 1968

But clearly the Commission's orders are not contradictory. … Because of the terminal operators' disclaimer of liability in Truck Tariff No. 6, which immunizes the steamship companies and others operating piers at New York Harbor, the truckers' only recourse has been to try to collect

Verizon v. FCC

Court of Appeals for the D.C. Circuit · Jan 14, 2014

According to the Commission, the change was driven by its decision to raise the minimum speed threshold qualifying as broadband. Id. at 9558 ¶ 4. … But section 201(a) describes a “duty” of a common carrier, not a prerequisite for qualifying as a common carrier in the first place.

Herbert Brownell, Jr., Attorney General, and as Successor to the Alien Property Custodian v. Anni H. J. E. Oehmichen

243 F.2d 637 · Court of Appeals for the D.C. Circuit · Mar 29, 1957

Oehmichen filed a letter, addressed to the Officer in Charge of the camp, advising him, 'Should a review of my case result in a decision qualifying me for a parole, you are advised that I would not accept same.' … Internment is the established international treatment of resident enemy aliens by all civilized countries. 3 The Oehmichens chose to return to an enemy country rather than to undergo that established treatment. 10 If the

United States v. W.J. Poston

902 F.2d 90 · Court of Appeals for the D.C. Circuit · May 4, 1990

Given the trial judge’s broad discretion to grant or deny a continuance, an appellate court’s role is limited to determining whether the judge “clearly abused” his discretion. United States v. … There is considerable authority for the proposition that, regardless of any grant of immunity, a witness convicted for a given transaction loses the fifth amendment privilege and may be compelled to testify with respect to

Carter ex rel. Middleton v. Cleland

643 F.2d 1 · Court of Appeals for the D.C. Circuit · Oct 17, 1980

Benefits were denied on the ground that the widows did not qualify as “surviving spouses” under 38 U.S.C. § 101 (3) (1976). 2 The Administrator reasoned that the births of children by other men indicated that appellants intended … See Decision of the Board of Veterans’ Appeals, Attachment A to Defendant’s Memorandum in Opposition to Plaintiffs’ Motion for Partial Summary Judgment, filed Dec. 22, 1978 (condonation not proven although spouse established

Citizens for Responsibility and Ethics in Washington v. Federal Election Commission

380 F. Supp. 3d 30 · Court of Appeals for the D.C. Circuit · Mar 29, 2019

And New Models did not make "any independent expenditures of its own expressly advocating the election or defeat of a clearly identified candidate." Id. … The statute clearly requires that for any official Commission decision there must be at least a 4-2 majority vote.").

American Meat Institute v. United States Department of Agriculture

760 F.3d 18 · Court of Appeals for the D.C. Circuit · Jul 29, 2014

Reynolds majority’s repeated emphasis on Zauderer’s deception limitation, I do not see how it qualifies as even “arguably dictum.” … Additionally, the early years of free speech jurisprudence saw laws routinely upheld that by today’s standards clearly interfere with commercial speech.