Case law
Opinions from 1658 to today.
6,967 results
1.05s
867 F.2d 1439 · Court of Appeals for the D.C. Circuit · Feb 17, 1989
This qualification of section 10704(a)(1) was deleted in conference, however, further indicating that Congress did not clearly intend to allow ZORF increases on prescribed rates. II. … First, the ICC’s construction is consistent with the long established rule of statutory construction that “gives precedence to the terms of the more specific statute where a general statute and a specific statute speak to
Cited 6 timesPublishedDr. Endre Ungar v. William French Smith, Attorney General of the United States
667 F.2d 188 · Court of Appeals for the D.C. Circuit · Oct 30, 1981
To implement the compensation plan, Congress passed legislation establishing a Micronesian Claims Commission to rule on all claims. … Although the Fifth Amendment’s guarantee of due process does not prohibit the summary seizure and appropriation of property owned by aliens who are clearly enemies, United States v.
Cited 19 timesPublished928 F.2d 428 · Court of Appeals for the D.C. Circuit · May 30, 1991
FCC, 865 F.2d 1289, 1294 (D.C.Cir.1989) (section 309(e) "does not preclude the FCC from establishing threshold standards to identify qualified applicants and excluding those applicants who plainly fail to meet the standards … In the present case, the Commission dismissed ARINC's application on the grounds that it was "clearly inconsistent" with the rules established by the Commission for satellite system applicants in the NPR and Allocation Order
Cited 0 timesPublishedITT World Communications, Inc. v. Federal Communications Commission
725 F.2d 732 · Court of Appeals for the D.C. Circuit · Jan 13, 1984
This policy was to be in effect for two years during which time the FCC would consider applications for earth station ownership filed by Comsat and other qualified carriers. … Clearly, the IRCs will be unable to compete with Comsat solely on their ability to provide efficient quality control.
Cited 3 timesPublishedUnited States v. David Bronstein
849 F.3d 1101 · Court of Appeals for the D.C. Circuit · Mar 3, 2017
meaning to “ordinary people,” it is assessing meaning with the elementary rule of statutory interpretation: Words receive their “plain, obvious and common sense” meaning, “unless context furnishes some ground to control, qualify … As well-established descriptors of myriad 15 public speeches, it makes sense for Congress to deploy both “harangue” and “oration” within a statutory phrase targeting all public speeches that
Cited 75 timesPublishedMcBryde, John H. v. Com Rev Cir Cncl
278 F.3d 29 · Court of Appeals for the D.C. Circuit · Sep 28, 2001
Ray, the Court stated that "[f]ew doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdic- tion.... … Yet the Committee fails to establish that these inci- dents, taken together, were clearly abusive.
Cited 0 timesPublishedUnited States v. Dennis L. Mitchell, United States of America v. Paul B. Campbell, A/K/A Soup
49 F.3d 769 · Court of Appeals for the D.C. Circuit · Jun 7, 1995
His description of the relationship established that it involved oversight of a degree sufficient to remove it from the pure “fronting” category. … As the application notes explain: In rare situations a defendant may clearly demonstrate an acceptance of responsibility for his criminal conduct even though he exercises his constitutional right to a trial.
Cited 88 timesPublished944 F.3d 267 · Court of Appeals for the D.C. Circuit · Dec 10, 2019
Meanwhile, e-cigarettes clearly have the potential to increase tobacco use and net health costs for the public as a whole. Id. at 29,038. 5. … The only exception is for smokeless tobacco (i.e., chewing tobacco), which may be distributed for free in “qualified, adult-only” facilities. Id. § 387a-1(d)(2). D.
Cited 19 timesPublishedCity of Tacoma v. Federal Energy Regulatory Commission
331 F.3d 106 · Court of Appeals for the D.C. Circuit · Jun 10, 2003
The only effect of the amendment, the Commission said, was to broaden the scope of recoverable costs from OFAs’ FPA-related administrative costs to ‘‘qualifying administra- tive and study costs of qualifying state resource … We find no justification whatever for attributing to Congress such a casuistic withdrawal of the authority which, but for the illustration, it clearly has given the Board.’’). 15 ments are
Cited 4 timesPublishedBaltimore Gas and Electric Company v. FERC
954 F.3d 279 · Court of Appeals for the D.C. Circuit · Mar 27, 2020
BGE argues the settlement qualified under Order No. 144 and as a result preserved BGE’s ability to recover the FAS 109 amounts here at issue. … Under my view it would make no 2 This approach, established in our case law, ensures that any comparisons between new and old cases rest on a clash between an agency rejection of clearly
Cited 15 timesPublishedAnimal Welfare Institute v. Kreps
561 F.2d 1002 · Court of Appeals for the D.C. Circuit · Jul 27, 1977
refusal to issue such a permit.” 15 *113 There can be no doubt that appellants— eight environmental groups which participated fully in the administrative proceedings and vigorously opposed grant of the permit to Fouke — qualify … We also do not decide what date the Government could lawfully establish for the termination of all nursing.
Declined to follow in part by Congressman Ronald v. Dellums v. U.S. Nuclear Regulatory Commission and United States of America, Advanced Nuclear Fuels Corporation, Intervenors, 863 F.2d 968 (1988)Cited 36 timesPublishedUnited States v. Western Electric Company, Inc., Us West, Inc.
777 F.2d 23 · Court of Appeals for the D.C. Circuit · Nov 19, 1985
The Opinion clearly is not final in any literal sense. … It is clear that the potential consequences outlined by US West would not qualify as irreparable injury in the context of a stay application. Cf. Wisconsin Gas Co. v. FERC, 758 F.2d 669 , 675 (D.C.Cir.1985).
Cited 28 timesPublished351 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.
Cited 29 timesPublishedAtlas Copco, Inc. v. Environmental Protection Agency
206 U.S. App. D.C. 53 · Court of Appeals for the D.C. Circuit · Apr 9, 1979
position is not, however, congruous with the scope of the regulation, which further contemplates a discretionary determination as to whether “any or all” compressors in the failing configuration must undergo more testing. 72 Clearly … While the focus of many of the issues pressed is on provisions outside the jurisdictional grant found in Section 16(a) of the Act, and thus are immune from our review, the Administrator’s product-testing program has received
Cited 1 timesPublishedAssassination Archives & Research Ctr., Inc. v. Cent. Intelligence Agency
317 F. Supp. 3d 394 · Court of Appeals for the D.C. Circuit · Jul 17, 2018
Next, Assassination Archives alleges that the CIA's no-records letters qualify as "troubling questions as to the conduct of the search." Pl.'s Mot. Summ. J. 19-20. … Inc. , 926 F.2d at 1201 , and that the CIA has established the adequacy of its search beyond any genuine dispute. B.
Cited 8 timesPublishedNorth America Freight Car Ass'n v. Surface Transportation Board
529 F.3d 1166 · Court of Appeals for the D.C. Circuit · Jun 24, 2008
STB Dec. 10; Langston Statement 13 (“The charts clearly show that since the storage policy was first adopted, the average time that private cars are left on BNSF’s tracks has decreased by over one full day for industrial … We believe, however, that the distinction the Board drew in construing subsection (B) applies equally to subsection (A), which uses similar language in its requirement that, to qualify as “trans *477 portation,” the storage
Cited 5 timesPublishedCabazon Band of Mission Indians v. National Indian Gaming Commission
14 F.3d 633 · Court of Appeals for the D.C. Circuit · Jan 28, 1994
With the objective of regulating tribal gaming operations on Indian lands, the Act established the Indian Gaming Commission as an agency within the Department of the Interior, 25 U.S.C. § 2704 (a), and conferred upon the … It exactly replicates the paper version of the game, and if that is not sufficient to make it a facsimile, we doubt, as did Judge Lamberth ( 827 F.Supp. at 32 ), that anything could qualify.
Cited 4 timesPublishedDavid R. Merrill v. Federal Open Market Committee of the Federal Reserve System
565 F.2d 778 · Court of Appeals for the D.C. Circuit · Nov 10, 1977
To implement this regulatory responsibility, FOMC has established a Systems Open Market Account, which is a combined investment pool for all Reserve Banks. … In view of our mandate to implement the Act’s general philosophy of full agency disclosure unless information is exempt under clearly delineated statutory language,” S.Rep.
Vacated on other grounds by Federal Open Market Committee of Federal Reserve System v. Merrill, 443 U.S. 340 (1979)Cited 16 timesPublished342 F.2d 924 · Court of Appeals for the D.C. Circuit · Jun 1, 1965
We were prepared to affirm the Commission if it could establish that the circumstances were such as not to make it unfair to assess damages against Flota. 4 The Commission's opinion, presently under review, suggested that … 1957 Grace Line decision 12 'held that the carrier's duties to banana shippers would depend upon the factual circumstances attending the loading, transportation, and discharge of the bananas.' 13 The Grace Line decision clearly
Cited 0 timesPublished514 F.2d 208 · Court of Appeals for the D.C. Circuit · Feb 25, 1975
United States, supra, counsel was clearly ineffective when the plea was entered; in Gearhart v. … This unsupported conclusion was clearly inadequate to support a finding of probable cause.
Cited 5 timesPublished
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