Case law

Lorain Journal Co. v. Federal Communications Commission

351 F.2d 824 · Court of Appeals for the D.C. Circuit · Sep 8, 1965

But the foregoing recital clearly shows that in this case the Commission did study and address itself to the salient conclusions and reasoning of the Examiner. … That misrepresentation or concealment of the true conditions as to underlying ownership is adequate ground for denial of renewal of license was established in FCC v.

In Re: Alexis M. Herman

309 F.3d 18 · Court of Appeals for the D.C. Circuit · Aug 23, 2002

Under the Act the AG was limited to 150 days within which to complete her preliminary investigation, and while conducting it she was not allowed, inter alia, to convene grand juries or grant immunity. 28 U.S.C. s 592 … Cudahy, Circuit Judge, concurring in the judg- ment: I fully concur in the allowance of fees incurred to respond to the Independent Counsel's final report--an expense which clearly would not have been incurred absent

L.R. Willson and Sons, Inc. v. Occupational Safety and Health Review Commission and Raymond J. Donovan, Secretary of Labor, United States Department of Labor, Raymond J. Donovan, Secretary of Labor v. L.R. Willson and Sons, Inc., and Occupational Safety and Health Review Commission

698 F.2d 507 · Court of Appeals for the D.C. Circuit · Jan 18, 1983

The Secretary must provide evidence from persons qualified to express such opinions 18 that, absent the specified protective equipment, the hazard was likely to occur; 19 that use of the specified protective equipment would … ) to require only that employers conform to industry standards: We ... require only those protective measures which the knowledge and experience of the employer's industry, which the employer is presumed to share, would clearly

United States v. James L. Crowder

543 F.2d 312 · Court of Appeals for the D.C. Circuit · Jul 12, 1976

Balch was a qualified general surgeon who had been practicing his specialty since 1948. … The appellant concedes that probable cause was established.

All American Telephone Co. v. Federal Communications Commission

867 F.3d 81 · Court of Appeals for the D.C. Circuit · Aug 11, 2017

We held that the Commission’s ruling that Farmers had violated the Communications Act by improperly charging for its services “could not immunize [Farmers] from the complaint process.” Id. … Finally, the Commission reasonably concluded that the Companies were obligated to reimburse AT&T the amount that AT&T paid to them for what turned out to be no qualifying access service.

United States v. Rico Williams

836 F.3d 1 · Court of Appeals for the D.C. Circuit · Sep 2, 2016

A rational juror could infer that one of the witnesses would have qualified his testimony had Williams moved out before the jump-in. Cf. United States v. … For example, where the government improperly suggested the defendant must prove his innocence, we have held that the court’s instruction on burden of proof cured the mistake because it clearly informed the jury of the relevant

National Souvenir Center, Inc. v. Historic Figures, Inc.

728 F.2d 503 · Court of Appeals for the D.C. Circuit · Feb 10, 1984

In connection with such advice, [NHM] will make available to FRANCHISEE the services of a qualified individual for two consultation periods, not to exceed one week each in duration at FRANCHISEE’S request during the period … It is precisely this type of antitrust defense that Kosuga clearly held, and Mullins affirmed, to be inappropriate in a simple suit for the purchase price of delivered goods.

Del. Dep't of Natural Res. & Envtl. Control v. Envtl. Prot. Agency

895 F.3d 90 · Court of Appeals for the D.C. Circuit · Jul 10, 2018

In that affirmative context, “any” clearly means “every.” Here, however, we have a conditional context—as EPA may grant an extension upon the application of any state. … While the Act authorizes EPA to establish NAAQS, it delegates to states the responsibility for implementing those standards. Michigan v. EPA, 268 F.3d 1075, 1078 (D.C. Cir. 2001).

Melvin W. Coles v. General Howard W. Penny, Director, Defense Mapping Agency

531 F.2d 609 · Court of Appeals for the D.C. Circuit · Feb 23, 1976

Whether viewed as a jurisdictional provision, 9 a waiver of sovereign immunity, 10 or an express limitation on a right created by Congress, 11 the thirty-day limit must be strictly construed. 12 Once having failed to comply … As the statutory language of the notice provision does not clearly compel any particular resolution of the issue before use, we should seek a reading of the statute “which effectuates rather than frustrates the major purpose

Evans v. Ockershausen

100 F.2d 695 · Court of Appeals for the D.C. Circuit · Oct 31, 1938

The will of testator was admitted to probate and his wife qualified and acted as executrix thereof. … We have in the present case a trust established to provide for the payment of income arising therefrom to the wife during her life. The will of Dr.

Burley Irr. Dist. v. Ickes

116 F.2d 529 · Court of Appeals for the D.C. Circuit · Sep 30, 1940

The findings included the facts substantially as we have stated them, with others, and were clearly supported by the evidence. … The court was clearly correct in holding that Wilbur v. Burley Irrigation District, supra, is not res judicata .of the issues in this case.

Association of Bituminous Contractors, Inc. v. Apfel

156 F.3d 1246 · Court of Appeals for the D.C. Circuit · Sep 18, 1998

We do not think that appellees, for their part, have been able to show that the term "coal industry" clearly includes coal construction companies either. … card for life is, in amici 's view, simply a guarantee of portable benefits that a miner could take from employer to employer; the provision represents no independent guarantee of specific health bene- fits, and is qualified

Building Owners & Managers Ass'n International v. Federal Communications Commission

254 F.3d 89 · Court of Appeals for the D.C. Circuit · Jul 6, 2001

Had Congress intended to qualify these terms, it clearly would have done so, especially in light of the courts’ expansive reading of Congress’s previous delegations of authority to the Commission. … At issue in Bell Atlantic was the authority of the Commission, pursuant to 47 U.S.C. *97 § 201 (a), to order carriers "to establish physical connections with other carriers.” .

United States v. Tyrone R. Toy

482 F.2d 741 · Court of Appeals for the D.C. Circuit · Jul 13, 1973

Then the court simply announced the sentences, without more, as set forth in the margin. 6 Had the procedure thus followed been employed in sentencing a youth offender as an adult under section 5010(d), clearly it would not … This appears from Congressional expectation that only about 10% would not qualify for treatment under that section.

Texas Utilities Electric Co. v. Federal Communications Commission

997 F.2d 925 · Court of Appeals for the D.C. Circuit · Jun 25, 1993

“If, of course, the interpretive exercise clearly supported one party’s interpretation, our task would be at an end. … involved would lead to results that Congress could not have intended when enacting the PAA For instance, Western Union could be acquired by TCI and its pole attachment rates would suddenly become regulated; or TCI could establish

John A. Naples v. United States

344 F.2d 508 · Court of Appeals for the D.C. Circuit · Nov 9, 1964

, to establish guilt beyond a reasonable doubt. … This Custodian is not qualified as a psychiatrist or psychologist. That is a very technical subject and it is also something the jury will have to consider from their own background.”

United States v. Stephen Bannon (ORDER IN SLIP OPINION FORMAT)

Court of Appeals for the D.C. Circuit · May 27, 2025

Without the “willfully” qualifier, the statute could have been read to criminalize those defaults too. … O.L.C. 1, 4–5 (1999); Immunity of the Former Counsel to the President from Compelled Congressional Testimony, 31 Op.

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

484 F.3d 573 · Court of Appeals for the D.C. Circuit · Mar 28, 2006

We also understand that we will be granted immunity. My husband and I work for Columbia County Schools in Columbia County Florida. We pray that committee will consider our sincerity in placing it in your hands. … Among other statements in the majority opinion, footnote 19 — which we have just quoted- — clearly stands for the opposite proposition.

Orange And Rockland Utilities, Inc. v. Federal Energy Regulatory Commission

905 F.2d 425 · Court of Appeals for the D.C. Circuit · Jun 12, 1990

On the other hand, the Commission has for various reasons qualified its general policy of loading the fixed costs of electricity generation onto peak-period users, see discussion at 890 F.2d at 1198-1200, and similar ones … But whether because we are inexpert or obtuse, or because the Commission has not expressed itself clearly enough, we are unable to detect reasoned decision-making on this issue.

Transcontinental Gas Pipe Line Corporation v. Federal Energy Regulatory Commission, Public Service Commission of the State of N.Y., Public Service Electric and Gas Company, Brooklyn Union Gas Company, Washington Gas Light Company, North Carolina Utilities Commission, North Carolina Natural Gas Corporation, Public Service Company of North Carolina, Inc., Intervenors. Elizabethtown Gas Company v. Federal Energy Regulatory Commission, Brooklyn Union Gas Company, Process Gas Consumers Group, North Carolina Natural Gas Corporation, Public Service Company of North Carolina, Inc., Intervenors

922 F.2d 865 · Court of Appeals for the D.C. Circuit · Jan 11, 1991

The Appendix to the Settlement Agreement contained revised Schedules T-I and T-II, but qualified these schedules as being "adjusted only for the cost of service adjustments underlying this Agreement." Id. … See Rehearing Order, 47 F.E.R.C. p 61,270, at 61,945. 22 As this Court previously has recognized, "[i]t is well established that an agency's interpretation of the intended effect of its own orders is controlling unless clearly