Case law

San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission and United States of America, Pacific Gas and Electric Company, Intervenor. San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission and United States of America, Pacific Gas and Electric Company, Intervenor. San Luis Obispo Mothers for Peace Scenic Shoreline Preservation Conference, Inc. Ecology Action Club Sandra Silver Gordon Silver Elizabeth Apfelberg and John J. Forster v. Nuclear Regulatory Commission and United States of America, Pacific Gas and Electric Company, Intervenor. George Deukmejian, Governor of the State of California v. Nuclear Regulatory Commission and United States of America, Pacific Gas and Electric Company, Intervenor. San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission and United States of America, Pacific Gas and Electric Company, Intervenor

751 F.2d 1287 · Court of Appeals for the D.C. Circuit · Dec 31, 1984

establish the limited nature of the role courts are to play in reviewing orders of the Nuclear Regulatory Commission. … The amendment addresses precisely the issue raised on this appeal: simulated experience is now considered sufficient to ensure that reactor operators are qualified to perform their crucial and demanding role.

Amgen Inc. v. Hargan

285 F. Supp. 3d 351 · Court of Appeals for the D.C. Circuit · Jan 26, 2018

Instead, the "lack of sufficient safety data" on pediatric patients ages 28 days to < 6 years "led to the inability to clearly establish the safety profile of the drug ... in accordance with [the] objectives of the amended … Often referred to as Chevron "step zero," this threshold inquiry delimits the types of agency actions that qualify for Chevron deference.

American Equity Investment Life Insurance Company v. SEC

Court of Appeals for the D.C. Circuit · Jul 12, 2010

However, that is not sufficient to establish that the SEC’s rule is arbitrary or capricious. … According to the Commission, these two cases established that adequate state regulation is not relevant to whether a product qualifies for a § 3(a)(8) exemption.

Gary A. Soucie v. Edward E. David, Jr., Director, Office of Science and Technology

448 F.2d 1067 · Court of Appeals for the D.C. Circuit · Apr 13, 1971

The one house of Congress that explicitly considered the plan creating the OST 24 clearly contemplated that the OST would function as a distinct entity and not merely as part of the President’s staff. … But to qualify for the first exemption, the Government need show, only that the record is “specifically required * * * to be kept secret” pursuant to an Executive order; review of the propriety of keeping it secret is then

National Ass'n of Home Builders v. Babbitt

130 F.3d 1041 · Court of Appeals for the D.C. Circuit · Dec 5, 1997

conducted on land that qualified as prime farmland and that had historically been used as cropland. … Indeed, the Lopez Court clearly established the principle that where activity, including manufacturing activity, "substantially affects interstate commerce, legislation regulating that activity will be sustained.”

Independent Insurance Agents of America, Inc. v. Robert L. Clarke, Comptroller of the Currency National Association of Life Underwriters v. Robert L. Clarke

955 F.2d 731 · Court of Appeals for the D.C. Circuit · Feb 25, 1992

State Tax Comm'n, 309 U.S. 530, 535-37 , 60 S.Ct. 635, 637-38 , 84 L.Ed. 909 (1940) (New York legislature altered trust law and inadvertently immunized certain trusts from taxation; gap corrected by statute); United States … Although the Court had earlier referred to section 92 as authorizing national banks to act as insurance agents in places having no more than five thousand inhabitants, id. at 401 , 92 S.Ct. at 1090 , that reference was qualified

Qwest Corporation v. Federal Communications Commission and United States of America, McLeodusa Telecommunications Services, Inc., Intervenors

482 F.3d 471 · Court of Appeals for the D.C. Circuit · Mar 23, 2007

But while the cited phrases manifest Commission awareness of the statutory deadline, they cannot be described as dispositions of an (unmade) claim that a vote and press release on the statutory deadline could not qualify … The statute does not define “implemented,” an ambiguity not clearly resolved one way or the other by reference *478 to § 251(d).

National Association for Mental Health, Inc., Jerome S. Wagshal v. The Honorable Joseph A. Califano, Individually and as Secretary of Health, Education and Welfare Jerome S. Wagshal v. Crozer-Chester Medical Center National Association for Mental Health, Inc. v. Honorable Joseph A. Califano Jerome S. Wagshal v. Crozer-Chester Medical Center

717 F.2d 1451 · Court of Appeals for the D.C. Circuit · Sep 27, 1983

Defendant class actions are clearly authorized by Rule 23 of the Federal Rules of Civil Procedure. … A judgment for costs when taxed against the United States shall, in an amount established by statute, court rule, or order, be limited to reimbursing in whole or in part the prevailing party for the costs incurred by such

Natl Home Equi Mtge v. OTS

373 F.3d 1355 · Court of Appeals for the D.C. Circuit · Jul 13, 2004

Although the agency recognized that subprime lending helps borrowers who would not otherwise qualify for a mortgage loan, it wanted to discourage rather than to enable predatory practices. Id. at 17,814/2. … Co., 463 U.S. 29, 57 (1983), but the OTS has clearly done that.

People's Mojahedin Organization v. Department of State

327 F.3d 1238 · Court of Appeals for the D.C. Circuit · May 9, 2003

unlawful and set aside’’ designations that we find to be (A) arbitrary, capricious, an abuse of discretion, or oth- erwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … And, for the reasons stated in the majority opinion, I agree that petitioner’s activities clearly fall within the statutory definition of ‘‘terrorist activity’’ under 8 U.S.C. § 1182(a)(3)(B)(iii) (2000 & Supp. 2003).

National Association of Broadcasters v. FCC

Court of Appeals for the D.C. Circuit · Aug 1, 2025

As the Court put it, “broadcasting is clearly a medium affected by a First Amendment interest” but its “differen[t] . . . characteristics” require “differences in the First Amendment standards applied to” it. … The Commission simply created procedures—the corroboration requirements—to establish compliance with the earlier rule.

Noxell Corporation v. Firehouse No. 1 Bar-B-Que Restaurant, D/B/A San Francisco Firehouse Station No. 1, Inc. Noxell Corporation v. Firehouse No. 1 Bar-B-Que Restaurant, D/B/A San Francisco Firehouse Station No. 1, Inc., Peter Lyons, D/B/A Firehouse No. 1 Bar-B-Que Restaurant

771 F.2d 521 · Court of Appeals for the D.C. Circuit · Oct 11, 1985

Location of the action in the District of Columbia, we held in Noxell I, was "unreasonable," contrary to "established law," and, in view of the Supreme Court's definitive pronouncement in Leroy v. … B. 23 Congress did not essay in the Lanham Act's text or related commentary precise definition of cases qualifying as "exceptional" for fee award purposes.

Hercules Incorporated, Olin Corporation, and Thiokol Corporation v. United States Environmental Protection Agency

938 F.2d 276 · Court of Appeals for the D.C. Circuit · Jul 12, 1991

Sections 120(b) — (f) establish a comprehensive program to ensure the identification and cleanup of federal sites. … Section 120(h)(2) requires the EPA to issue regulations establishing the “form and manner” of the required notice.

Committee for Community Access v. Federal Communications Commission, Grandbanke Corporation, Intervenor. Save Our Station Committee v. Federal Communications Commission, Grandbanke Corporation, Intervenor. Simon Geller v. Federal Communications Commission, Grandbanke Corporation, Intervenor

737 F.2d 74 · Court of Appeals for the D.C. Circuit · Jun 15, 1984

This departure from past precedent is most clearly evident in the Commission's analysis of each separate factor. … Therein, the Commission implicitly found that Geller had failed to establish good cause.

Congressman Ronald v. Dellums v. U.S. Nuclear Regulatory Commission and United States of America, Advanced Nuclear Fuels Corporation, Intervenors

863 F.2d 968 · Court of Appeals for the D.C. Circuit · Dec 16, 1988

Study Group, 438 U.S. 59, 77 , 98 S.Ct. 2620, 2632 , 57 L.Ed.2d 595 (1978) (affirming conclusion that there was “substantial likelihood” of indirect causar *972 tion, because district court was not clearly erroneous). … In other words, causation was established.

United States v. Willie Robinson, Jr.

471 F.2d 1082 · Court of Appeals for the D.C. Circuit · Mar 19, 1973

The record clearly establishes Jenks searched appellant without any purpose in mind — “I just searched him”- — -because this was standard police instruction. … Were this claim to be established, the search would clearly be illegal under the authority of United States v. Lefkowitz, 285 U.S. 452, 467 , 52 S.Ct. 420 , 76 L.Ed. 877 (1932) ; Amador-Gonzalez v.

Eagle-Picher Industries, Inc. v. United States Environmental Protection Agency

759 F.2d 905 · Court of Appeals for the D.C. Circuit · Apr 16, 1985

ascertain merely if a site poses a threat to human health or to the environment that warrants further investigation, but is not sufficiently refined to make final determinations of which sites pose threats that definitely qualify … Inclusion of a site on the NPL does not establish that EPA necessarily will undertake response actions.

Nio v. U.S. Dep't of Homeland Sec.

385 F. Supp. 3d 44 · Court of Appeals for the D.C. Circuit · May 22, 2019

In fact, at all times relevant to this litigation, the USCIS Policy Manual provided that "[o]ne day of qualifying service is sufficient in establishing eligibility" for the statutory honorable-service requirement. … Other discharge types, such as 'Other Than Honorable,' do not qualify as honorable service.").

Alam Ganem v. Margaret Heckler, Secretary of Health and Human Services

746 F.2d 844 · Court of Appeals for the D.C. Circuit · Oct 23, 1984

See generally Byse, Proposed Reforms in Federal “Nonstatutory” Judicial Review: Sovereign Immunity, Indispensable Parties, Mandamus, 75 Harv.L. Rev. 1479 (1962). … Clearly the Secretary would violate her statutory duties were she simply to decide not to make any determination at all about a foreign country’s social insurance system.

United States v. Ali Ali

718 F.3d 929 · Court of Appeals for the D.C. Circuit · Jun 11, 2013

So long as the government could establish that he had committed piracy on the high seas—a crime over which all nations may exercise jurisdiction—this expectation was met. … As UNCLOS § 101(c) recognizes, it is self-defeating to prosecute those pirates desperate enough to do the dirty work but immunize the planners, organizers, and negotiators who remain ashore.