Case law

Power, David F. v. Massanari, Larry G.

292 F.3d 781 · Court of Appeals for the D.C. Circuit · Jun 11, 2002

In 1980, the SSA issued regulations establishing a "fee petition" pro- cess for the purpose of determining a reasonable fee. See 20 C.F.R. ss 404.1720-.1725, .1730. … Natural Resources Defense Council, 467 U.S. 837 (1984), and hence that they would at best qualify for the more limited form of deference accorded under Skid- more v. Swift & Co., 323 U.S. 134 (1944).

United States v. Mejia, Rafael

448 F.3d 436 · Court of Appeals for the D.C. Circuit · Jun 2, 2006

Nonetheless, they argue that the prosecution “clearly had the power to secure the trial tapes or transcripts” from the Costa Rican government because it “was authorized by its Mutual Legal Assistance Treaty” with Costa Rica … They argue that he was not properly qualified as an expert in coded words and phrases because “the court qualified him as an expert based solely on his testimony that he had investigated drug trafficking and ‘analyzed’ drug

Edison Electric Institute v. Interstate Commerce Commission and United States of America, Association of American Railroads, Tampa Electric Company, Carolina Power & Light Company, Western Coal Traffic League, Alabama Power Company, Eastern Coal Transportation Conference, Intervenors. Edison Electric Institute v. Interstate Commerce Commission and United States of America, Tampa Electric Company, Association of American Railroads, Duke Power Company, Carolina Power & Light Company, Commonwealth Edison Co., Intervenors. Alabama Power Company v. Interstate Commerce Commission and United States of America, Commonwealth Edison Co., Intervenors. Western Coal Traffic League v. Interstate Commerce Commission and United States of America, Eastern Coal Transportation Conference v. Interstate Commerce Commission and United States of America

765 F.2d 210 · Court of Appeals for the D.C. Circuit · Sep 18, 1985

That gloss on section 1159 clearly establishes what section 1159's reference to maximum rates already suggests--that the ICC has jurisdiction under NERSA to promulgate a rule implementing section 1159. … That proceeding clearly is appealable to the Special Court.

Ford Motor Co. v. Interstate Commerce Commission

714 F.2d 1157 · Court of Appeals for the D.C. Circuit · Aug 9, 1983

Reform Congress ordered now calls for significant deregulation allowing “to the maximum extent possible, competition and the demand for services to establish reasonable rates.” … Such rates thereafter are immune from attack and may be adjusted upward, within statutorily prescribed limits, 49 U.S.C. § 10707a, without Commission surveillance. II.

Rann, Robert W. v. Chao, Elaine

346 F.3d 192 · Court of Appeals for the D.C. Circuit · Oct 14, 2003

The EEO investigator, trying to see whether Rann could establish a prima facie case of discrimination, repeatedly asked for his signed affidavit. … But § 633a(d) clearly specifies that the 30–day notice is to go to the ‘‘Commission.’’

Refugee and Immigrant Center for Education and Le v. Kristi Noem

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

To put it more clearly, the guidance on its face refuses to provide persons in the United States the statutory withholding- of-removal protections that Congress has “mandat[ed.]” … that they qualify, to be considered for asylum under 8 U.S.C. § 1158.

Natural Resources Defense Council v. Environmental Protection Agency

755 F.3d 1010 · Court of Appeals for the D.C. Circuit · Jun 27, 2014

There, EPA concluded it need not establish any standards applicable to qualifying comparable fuels because a comparable fuel is not a “waste” but rather a “fuel product” and therefore excluded from the statute’s reach. … that RCRA’s “solid waste” definition precludes EPA from regulating materials produced in the oil refining process—to be recycled through reintroduction at the appropriate stage of the refining process—because the Congress “clearly

Hal Haviland v. Earl L. Butz, Secretary of Agriculture

543 F.2d 169 · Court of Appeals for the D.C. Circuit · Mar 23, 1976

This position does not withstand analysis of the precedents cited, nor does Haviland’s claim of immunity for his own operation survive the impact of relevant decisions during the past generation. 35 In 1922, the Supreme Court … notwithstanding the number and breadth of the exclusions, the “legislative classification must be sustained, if the classification itself is rationally related to a legitimate governmental interest.” 51 We believe that clearly

United States v. Anthony F. Wright

489 F.2d 1181 · Court of Appeals for the D.C. Circuit · Dec 27, 1973

“Our decisions reflect great solicitude for an endeavor by the accused to establish bias on the part of a prosecution witness. … Adequate factual investigation is clearly a component of effective assistance of counsel, see, e. g., Shepherd v. Hunter, 10 Cir., 163 F.2d 872 (1967); People v. Bennett, 29 N.

Lepelletier v. Federal Deposit Insurance

164 F.3d 37 · Court of Appeals for the D.C. Circuit · Jan 5, 1999

Corp., 429 U.S. 252 (1977), "the individual plaintiff's injury was the denial of an opportunity to obtain housing for which he would otherwise be qualified. … It has also found that "[i]ncorporat- ed in the 'clearly unwarranted' language is the requirement for ...

American Cyanamid Company v. Food and Drug Administration and Joseph A. Califano, Secretary of Health, Education and Welfare

606 F.2d 1307 · Court of Appeals for the D.C. Circuit · Aug 23, 1979

When, however, FDA proceeds by way of ad hoc articulation of safety standards, it is clearly incumbent upon it to give the applicant notice of those standards and of the manner in which the data before it failed to meet them … for use for animals other than man, including any drug intended for use in animal feed but not including such animal feed,— (1) the composition of which is such that such drug is not generally recognized, among experts qualified

Amer Petro Inst v. EPA

198 F.3d 275 · Court of Appeals for the D.C. Circuit · Jan 4, 2000

* * * The Act requires EPA to establish and periodically revise a primary national ambient air quality standard ("NAAQS") for each air pollutant that the agency identifies as meeting … But this is said simply to distinguish the statute's mandate of RFG for specified regions, and certainly does not claim that every other city with any ozone pollution would qualify for opt-in.

Re Gompers

40 App. D.C. 293 · Court of Appeals for the D.C. Circuit · May 5, 1913

For this reason the denial of the right of trial by jury is clearly within the principle enounced by Mr. Justice Brown in Robertson v. Baldwin, 165 U. S. 275 -281, 41 L. ed. 715—717, 17 Sup. Ct. Rep. 326. … It is declared by the supreme court that the proof of the offense must be established beyond a reasonable doubt.

Chico Antone v. John R. Block, Individually and in His Capacity as Secretary of Agriculture

661 F.2d 230 · Court of Appeals for the D.C. Circuit · Aug 10, 1981

Not one comment was received from the Indians or others suggesting an implementation time limit of less than the maximum which was established. Indeed, numerous parties requested longer time limits. … (Department’s Br. at 21-22) The timetable clearly has a rational basis in, and is fully supported by, the rulemaking record.

Baltimore Gas & Electric Co. v. United States

817 F.2d 108 · Court of Appeals for the D.C. Circuit · Apr 21, 1987

Although railroads themselves contributed to this structure — by establishing joint rates in ICC-authorized rate-making cartels (“rate bureaus”) immune from antitrust regulation — the crucial support for this regimen came … Based on this clearly articulated line of Commission decisions, we agree that the comments BG & E submitted in the instant rulemaking did not require a response by the agency. 9 Petitioner, it will be recalled, also argues

Trailer Marine Transport Corp. v. Federal Maritime Commission

602 F.2d 379 · Court of Appeals for the D.C. Circuit · May 11, 1979

will be just the opposite. 94 Nor will the “freedom of the *222 seas,” so ardently defended by the FMC, hereby be placed in jeopardy. 95 Furthermore, no demonstration whatsoever has been made that the ICC is not as well qualified … Federal Maritime Commission, supra, 119 U.S.App.D.C. at 114-15, 337 F.2d at 150-51 (upholding § 21 order to aid ongoing Commission trade study where purposes were clearly set forth and “reasonableness of rates” was clearly

City of Oberlin, Ohio v. FERC

937 F.3d 599 · Court of Appeals for the D.C. Circuit · Sep 6, 2019

We disagree because a pipeline may clearly be required by the public convenience and necessity independent of any of its precedent agreements for export. … ratio for a new pipeline on the ground that the Commission had done so previously for new pipelines – we “confess[ed] to being skeptical that a bare citation to precedent, derived from another case and another pipeline, qualifies

Leedom v. International Brotherhood of Electrical Workers, Local Union No. 108

278 F.2d 237 · Court of Appeals for the D.C. Circuit · Mar 24, 1960

It is undisputed that General Cable is a part of an industry which qualified for a three-year bar. … To establish an in futuro rule for all pending cases would create an administrative monstrosity.

Atlantic Richfield Co. v. United States

774 F.2d 1193 · Court of Appeals for the D.C. Circuit · Oct 11, 1985

As such, the MarAd approvals are clearly licenses. See Blackwell College of Business v. … Atty.Gen. 302, 309-11 (1930), and hence MarAd did not err in considering these vessels as qualifying for the domestic trade "pursuant to section 27 of the Merchant Marine Act.” 46 C.F.R. § 240.2 (c) (1984).

Natural Resources Defense Council, Inc. v. Browner

57 F.3d 1121 · Court of Appeals for the D.C. Circuit · Jun 27, 1995

The petition is supported by detailed invoices, underlying office records, and the declaration of qualified counsel. … Hence, although Congress clearly established mandatory sanctions to increase the pressure on recalcitrant states and EPA, the additional delay allowed by EPA’s interpretation, as compared with that urged by NRDC, is not incompatible