Case law

Marjorie Linder Cooley v. Federal Energy Regulatory Commission

843 F.2d 1464 · Court of Appeals for the D.C. Circuit · Apr 12, 1988

At any rate, the Commission concluded that no violation of § 23(b) had been established. J.A. at 169. … Similarly, Clifton’s failure to file a notice of qualifying status might also lend some support to an inference of willingness to disregard the PURPRA. See supra note 7.

Competitive Enterprise Institute v. National Highway Traffic Safety Administration

901 F.2d 107 · Court of Appeals for the D.C. Circuit · Jan 19, 1990

NHTSA clearly understands that Congress instructed it to administer the CAFE program so as not to induce “product restrictions.” … Evidence concerning the effects of a CAFE standard above 26.0 cannot establish a linear relationship between CAFE and “product restrictions” at points below 26.0.

Population Institute v. McPherson

797 F.2d 1062 · Court of Appeals for the D.C. Circuit · Aug 12, 1986

The Administrator asserts that [e]veryone would agree that some kinds of “assistance” constitute “participation,” while others do not; and one may posit a wide spectrum of factual situations, some clearly qualifying as “participation … Because it appears that the district court decision on delegation was correct, appellant has failed to establish a likelihood of success on the first issue.

Oil, Chemical & Atomic Workers International Union v. Department of Energy

288 F.3d 452 · Court of Appeals for the D.C. Circuit · May 10, 2002

We therefore adhere to the proposition, well-established in this court and in the Supreme Court, that eligibility for an award of attorney’s fees in a FOIA case should be treated the same as eligibility determinations made … Our dissenting colleague thinks that the district court’s endorsement of the August 23, 1999, stipulation qualifies as a “settlement agreement enforced through a consent decree.”

Emily's List v. Federal Election Commission

581 F.3d 1 · Court of Appeals for the D.C. Circuit · Sep 18, 2009

and unions (and thus qualifies for the MCFL exception).” … But reading the case, as the court does, to sanction First Amendment immunity for all non-connected nonprofits seems even more implausible. B.

NTCH, Inc. v. Federal Communications Commission

841 F.3d 497 · Court of Appeals for the D.C. Circuit · Nov 15, 2016

The Court then went on to hold that “an agency’s decision not to take enforcement action should be presumed immune from judicial review under § 701(a)(2).” Id. at 832. … Section 312(a) merely states that for each of the cited situations the Commission “may” act to revoke a license, clearly leaving the ultimate decision to the Commission’s discretion.

Eagle Pharmaceuticals, Inc. v. Alex Azar, II

952 F.3d 323 · Court of Appeals for the D.C. Circuit · Mar 13, 2020

Firms must provide FDA with a description of the drug, authorities establishing the prevalence of the disease or condition to be treated, and “the scientific rationale to establish a medically … A competitor would need only to make 1 Under the Hatch-Waxman Act of 1984, however, the generic version of a drug may later qualify for exclusivity within the market for generics. See Pub. L.

Office of Consumers' Counsel v. Federal Energy Regulatory Commission

655 F.2d 1132 · Court of Appeals for the D.C. Circuit · Dec 8, 1980

Thus Congress was clearly aware of the role which loan guarantees might play in the financing of Great Plains, and was actively considering such financing for the project immediately prior to FERC’s action. … The Office of Consumers’ Counsel of Ohio attacked the reasonableness of the surcharge as well as the finding that Great Plains qualified as an RD&D project.

Blue Water Navy Vietnam Veterans Ass'n v. McDonald

830 F.3d 570 · Court of Appeals for the D.C. Circuit · Jul 29, 2016

Cir. 1995) (“Congress [established presumptions of exposure] because it recognized that ordinarily it would be impossible for an individual veteran to establish that his disease resulted from exposure to herbicides in Vietnam … A Section 511(a) clearly bars the district court from adjudicating Appellants’ challenge.

Rogers v. Ercona Camera Corp.

277 F.2d 94 · Court of Appeals for the D.C. Circuit · Mar 17, 1960

But here at the time of seizure it was not possible to establish a business in which the mark could be used and none was established. 8 Upon termination of the first World War, it is possible that the Custodian or his successor … Although the seizure provisions were clearly designed to permit the United States to take title to and possession of all property in this country which was owned by enemy aliens, 10 it does not follow that Congress intended

National Association of Concerned Veterans, Appellees/cross-Appellants v. Secretary of Defense, Appellants/cross-Appellees. Mark Green and Corporate Accountability Research Group v. Department of Commerce, Beverly L. B. Parker v. Secretary of Transportation

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.

In Re Georgea Kosmadakes, Adult Ward, Julia K. Maghan, James A. Crooks, Successor, Conservator, and Auditor of the Court

444 F.2d 999 · Court of Appeals for the D.C. Circuit · May 14, 1971

In this connection Rule 53(e) (2), Fed.R.Civ.P., provides: “In an action to be tried without a jury the court shall accept the [Auditor’s] findings of fact unless clearly erroneous. … Maghan may establish these claims, if she is able to do so. We discuss now the judgment for $570 in favor of the Court Auditor. Concededly Mrs.

Pablo Maldonado-Perez v. Immigration and Naturalization Service

865 F.2d 328 · Court of Appeals for the D.C. Circuit · Jan 17, 1989

Local counsel argued that petitioner’s deportation should be withheld, alleging that petitioner was a political refugee under subsection 201(a)(42) of the Refugee Act of 1980 1 and therefore qualified for political asylum … The Supreme Court has established the minimum requirements for constitutional procedural due process as some form of meaningful or fair hearing. See, e.g., Logan v.

Cityfed Financial Corp. v. Office Of Thrift Supervision

58 F.3d 738 · Court of Appeals for the D.C. Circuit · Jul 11, 1995

In part, FIRREA was enacted to "establish stronger capital standards for thrifts," thereby providing "a cushion against losses incurred in times of poor financial performance." … It claims, first, that because City Federal effectively ceased to exist when it went into receivership in 1989, CityFed no longer qualifies as a savings and loan holding company under the statute, thus depriving OTS of jurisdiction

United States v. John A. Thornton

733 F.2d 121 · Court of Appeals for the D.C. Circuit · May 1, 1984

He claims that Owens’ initial search was an unconstitutional warrantless search, (1) not supported by probable cause and (2) not qualified as a “stop and frisk” search under Terry v. … We therefore do not reach the question whether the search would qualify as a "stop and frisk” search under Terry v. Ohio. 8 .

Boehner, John A. v. McDermott, James A.

484 F.3d 573 · Court of Appeals for the D.C. Circuit · May 1, 2007

This established that Representative McDermott, when he accepted the tape, knew the Martins had illegally intercepted the conversation and illegally disclosed it to him. … In Rostenkow-ski, we noted that “the Rulemaking Clause of Article I clearly reserves to each House of the Congress the authority to make its own rules.” Id. at 1306 .

Chesapeake Climate Action Network v. EPA

952 F.3d 310 · Court of Appeals for the D.C. Circuit · Mar 13, 2020

WILKINS, Circuit Judge: Congress charged the EPA with establishing emission regulations under the Clean Air Act. … Cir. 1982) (“Because the reasonableness and accuracy of the forecast data is critical to whether a smelter can qualify for an NSO, [petitioners’] objections to that data, if well-founded, would clearly have been ‘of central

Kalaris v. Donovan

697 F.2d 376 · Court of Appeals for the D.C. Circuit · Jan 4, 1983

The protections also help to attract well qualified persons to the federal bench and to promote judicial individualism. … be composed of three members appointed by the Secretary from among individuals who are especially qualified to serve on such Board.

Governors of the United States Postal Service v. United States Postal Rate Commission

654 F.2d 108 · Court of Appeals for the D.C. Circuit · May 29, 1981

Among other powers, the Board may issue rules governing the Postal Service, provide for the collection and delivery of mail, establish postal rates and mail classification, establish postal facilities and services, investigate … United States Postal Service, et al., 656 F.2d 786 (D.C.Cir. 1981), the unilateral initiation of a recommended rate change by the Commission clearly violates section 3622(a) of the Act.

United States v. Brianna Meadows

867 F.3d 1305 · Court of Appeals for the D.C. Circuit · Aug 18, 2017

The Department establishes a claimant’s eligibility to receive unemployment benefits through a six-question weekly claim form, which claimants may submit online. … That conclusion was not clearly erroneous.