Case law

In Re United States Department of Defense

848 F.2d 232 · Court of Appeals for the D.C. Circuit · Jun 3, 1988

That exemption covers matters that are “(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified … Insofar as they require the performance of substantial organizational chores before a judge can meaningfully review a mass of classified documents, certain FOIA cases would seem to qualify for “exceptional case" treatment

Lever Brothers Company v. United States of America

981 F.2d 1330 · Court of Appeals for the D.C. Circuit · Jan 15, 1993

Under the Chevron analysis, if Congress has clearly expressed an intent on a matter, we give that intent full effect (Step One of Chevron). … Northwest Airlines, Inc., 642 F.2d 578 (D.C.Cir.1980): An appellate court also is normally bound by the law of the case it established on a prior appeal, and for a very sound reason.

The Port of New York Authority v. Baker, Watts & Co.

392 F.2d 497 · Court of Appeals for the D.C. Circuit · Mar 8, 1968

Many statements in the debates requiring a “guarantee by the city” or the like, it is argued, obviously related to issuers with tax power whose obligations could not have qualified without a pledge of the tax revenues. … A bistate agency of the states of New York and New Jersey, established by Compact of April 30, 1921, between those states and consented to by Congress. 42 Stat. 174 (1921).

Northern States Power Co. v. United States Department of Energy

128 F.3d 754 · Court of Appeals for the D.C. Circuit · Nov 14, 1997

Petitioners have established that they have a clear right to relief, and thus have satisfied the first requirement for a writ of mandamus. … qualifi- cation or condition." 88 F.3d at 1276.

Passaic Daily News, T/a the Herald News v. National Labor Relations Board

736 F.2d 1543 · Court of Appeals for the D.C. Circuit · Jun 15, 1984

Establishing these facts presupposes that the General Counsel establishes that the Company was aware of the employee’s activities on behalf of a labor organization. … The Court contrasted the case it was addressing with cases that might qualify for First Amendment protection.

John Doe v. District of Columbia

701 F.2d 948 · Court of Appeals for the D.C. Circuit · Jan 28, 1983

. *950 Because of the lack of qualified inmate supervision — one facility housing 1,000 inmates had eight noninmate guards — violence among inmates went completely unchecked. … Here plaintiffs were required to prove that the assaults clearly exceeded the range of violence normally associated with groups of the most violence-prone felons.

Dan E. Moldea v. New York Times Company

15 F.3d 1137 · Court of Appeals for the D.C. Circuit · Feb 18, 1994

Just as a speaker is not immunized from liability simply by prefacing otherwise defamatory statements with the words “In my opinion ...,” defamatory assessments based on incorrect “facts” stated by the speaker are also actionable … In fact, Eskenazi’s assessment of Moldea goes to the discrete and fact-bound efforts of an investigative journalist, and the assessment clearly concludes that Moldea’s work as a journalist is less than competent.

Clean Air Council v. E. Scott Pruitt

862 F.3d 1 · Court of Appeals for the D.C. Circuit · Jul 3, 2017

The stay is “essentially” nothing but a stay, and it does not qualify as “final agency action” under the two-part inquiry set forth by the Supreme Court. … By establishing the judiciary as an alternative, the statute ensures stays result from factual warrant and not simply because the agency wills one.

Skelly Oil Co. v. Russell

436 F.2d 910 · Court of Appeals for the D.C. Circuit · Dec 3, 1970

The Mandatory Oil Import Program was established pursuant to Presidential Proclamation 3279 of March 10, 1959, 24 Fed.Reg. 1781. … Skelly argues, however, that since the operations of the two companies were so clearly independent of each other, there is no justification for invoking the control provisions of Section *917 4(g); that in the administration

In re: Larry Klayman

991 F.3d 1289 · Court of Appeals for the D.C. Circuit · Mar 26, 2021

comments to Rule 1.9, the relevant “matter” is not limited to litigation: “[w]hen a lawyer has been directly involved in a specific transaction, subsequent representation of other clients with materially adverse interests clearly … Klayman argues that he qualifies for three of the four Rule IV(c) exceptions. We consider each, though in a slightly different order. A.

National Rifle Ass'n of America, Inc. v. Reno

216 F.3d 122 · Court of Appeals for the D.C. Circuit · Jul 11, 2000

The statute clearly requires NICS identification numbers to be both assigned and provided immediately. … Because similarly qualifying language appears neither in section 103(i)’s introductory text nor in subsection (1), we can only conclude that subsection (1) reaches, as its plain text indicates, “any record ... generated by

Center for Biological Diversity v. DOI

Court of Appeals for the D.C. Circuit · Jul 15, 2025

Plaintiffs alleged that BLM authorized at least 4,019 qualifying APDs over that twenty-month period, and they appended to their complaint a full list of the permits they challenged. … Nonetheless, we agree that our decision is not clearly in conflict with Diné CARE.

BellSouth Corp. v. Federal Communications Commission

162 F.3d 1215 · Court of Appeals for the D.C. Circuit · Jan 8, 1999

It was this construction of the market that controlled when the spectrum cap was first established in the 1994 Third Report and Order. … As a cellular licensee, BellSouth qualifies as a competitor. Once an entity qualifies as a competitor, the Commission is concerned with how much spectrum that entity accumulates.

American Medical Ass'n v. United States

130 F.2d 233 · Court of Appeals for the D.C. Circuit · Oct 12, 1942

But there is a clearly defined line of demarcation here which must be observed if the penalties of the Sherman Act are to be avoided. … Nissen, 173 N.C. 359, 364 , 91 S.E. 1036 , 1038: “The establishment and conduct of hospitals for pay is now a recognized and established business.” In Armendarez v.

Elec. Privacy Info. Ctr. v. Internal Revenue Serv.

910 F.3d 1232 · Court of Appeals for the D.C. Circuit · Dec 18, 2018

First, notwithstanding the IRS's categorical non-disclosure, some of the requested information (although EPIC never specifies which portions) allegedly does not qualify as "returns" or "return information," id. § 6103(a), … "It is well-settled ... that the provisions of the [M]anual are directory rather than mandatory, are not codified regulations, and clearly do not have the *1245 force and effect of law." 10 Id.

Union Of Concerned Scientists v. Nuclear Regulatory Commission

711 F.2d 370 · Court of Appeals for the D.C. Circuit · Jun 30, 1983

No. 1, the equipment is put in a category of being qualified. The second category is qualification not established. … As its terms clearly indicate, section 189(a) is just such a statute.

Ferring Pharm., Inc. v. Azar

296 F. Supp. 3d 166 · Court of Appeals for the D.C. Circuit · Feb 13, 2018

assumption that it did not contain a previously approved active moiety," because, using the agency's interpretation of the NCE exclusivity regulations in place at the time, it had already determined that Prepopik did not qualify … the parties never disputed the issue. " 'Law-of-the-case doctrine' refers to a family of rules embodying the general concept that a court involved in later phases of a lawsuit should not re-open questions decided (i.e., established

New York v. U.S. Environmental Protection Agency

413 F.3d 3 · Court of Appeals for the D.C. Circuit · Jun 24, 2005

In Alabama Power , the court recognized that the “statutory scheme intends to ‘grandfather’ existing industries; but the provisions concerning modifications indicate that this is not to constitute perpetual immunity from … Indeed, environmental petitioners do not challenge EPA’s authority to establish a PAL program.

National Ass'n for Better Broadcasting v. Federal Communications Commission

849 F.2d 665 · Court of Appeals for the D.C. Circuit · Jun 17, 1988

A principal purpose of the new Act was to establish a permanent regulatory Commission. . … Cable services are clearly technologically distinct from broadcasting.

Jaj Cellular v. Federal Communications Commission, Metro Mobile Cts of Phoenix, Inc., Intervenors

54 F.3d 834 · Court of Appeals for the D.C. Circuit · May 19, 1995

FCC, 379 F.2d 447, 449 (D.C.Cir.1967) (“Congressional policy clearly bars any use of the air waves by those whose public interest qualifications have not been established,” except in “extraordinary circumstances requiring … To qualify for Article III standing, appellants must show an "actual or imminent” injury-in-fact, fairly traceable to the challenged agency action, and likely to be redressed by the relief they seek. Lujan v.