Case law

American Gas Ass'n v. Federal Energy Regulatory Commission

888 F.2d 136 · Court of Appeals for the D.C. Circuit · Oct 16, 1989

The Commission’s point seems to be that if crediting is consistent with open access as established by regulation, then it is equally consistent with open access as established by statute. … also true that the two sources of open access can be equated; the whole of the Producers’ point, however, is that their right of access exists by virtue of a higher, not an equal, authority; thus, it arguably cannot be qualified

Nuc Engy Inst Inc v. EPA

Court of Appeals for the D.C. Circuit · Jul 9, 2004

, the States’ immunity from suit is a fundamental aspect of sovereignty which the States enjoyed before the ratification of the Constitution.’’ … This preexisting immunity was ‘‘confirmed TTT as a constitu- tional principle’’ by the ratification of the Eleventh Amend- ment. Id. at 728-29.

Priests for Life v. United States Department of Health & Human Services

772 F.3d 229 · Court of Appeals for the D.C. Circuit · Nov 14, 2014

Our own decision in Kaemmerling requires that we determine whether a burden asserted by Plaintiffs qualifies as “substantial” under RFRA. … Establishment of Religion Plaintiffs advance two Establishment Clause claims.

L'Enfant Plaza Properties, Inc. v. District of Columbia Redevelopment Land Agency Johannes U. Hoeber v. District of Columbia Redevelopment Land Agency

564 F.2d 515 · Court of Appeals for the D.C. Circuit · Oct 18, 1977

The Act then established an administrative scheme for the necessary planning and implementation to reach this goal. Section 6, D.C. … The language of section 12 is virtually the same as that of section 11 of S.610, except that the class of persons with a right to object to proposed plan changes is qualified by the phrase “as it may affect.”

Committee for Open Media v. Federal Communications Commission, Chronicle Broadcasting Company, Intervenor

543 F.2d 861 · Court of Appeals for the D.C. Circuit · Jan 22, 1976

The May 9 order, awarding renewal of the station license, was clearly appealable. Communications Act of 1934, tit. IV, § 402(b), as amended, 47 U.S.C. § 402 (b) (1970). … COM says that § 307(d) “was clearly aimed at the situation where a hearing did not extend beyond the three year term applied for in the renewal application.” Brief for Appellant at 14.

United States v. Reginald Clark

747 F.3d 890 · Court of Appeals for the D.C. Circuit · Apr 4, 2014

First, the defendant must establish a prima facie case of discrimination. Next, the government must offer a race-neutral justification for each challenged strike. … We have also repeated, since Graham, that “[w]hile plainly control is one factor in determining whether someone qualifies as an ‘organizer or leader,’ the Guidelines include several other factors.” United States v.

Natural Resources Defense Council, Inc. v. Gorsuch

685 F.2d 718 · Court of Appeals for the D.C. Circuit · Aug 17, 1982

Part D mandates that SIPs establish a permit program "for the construction and operation of new or modified major stationary sources" in nonattainment areas. … Under this concept, only if the net emission increase from the plant as a whole is above the statutory or regulatory tripwire would the project qualify as a major new or modified source. See ASARCO, 578 F.2d at 322.

Local No. 627, International Union Of Operating Engineers, Afl-Cio, Petitioner v. National Labor Relations Board

518 F.2d 1040 · Court of Appeals for the D.C. Circuit · Sep 8, 1975

In January or February of the following year it submitted a financial statement to the State Highway Department as required of contractors desiring to qualify for the Department's work, and on or about February 25, 1972, … Such facts readily distinguish that case from the one before us, where it clearly was not contemplated by the parties at the time the involved agreement was negotiated that South Prairie would be brought into Oklahoma under

United States v. Sabri Yakou

428 F.3d 241 · Court of Appeals for the D.C. Circuit · May 9, 2005

To qualify as a LPR upon seeking reentry into the United States, Yakou “must have acquired lawful permanent resident status in accordance with our laws, must have retained that status from the time he acquired it, and must … Haitian Centers Council, Inc., 509 U.S. 155, 176 , 113 S.Ct. 2549, 2561 , 125 L.Ed.2d 128 (1993), which is “clearly expressed,” ARAMCO, 499 U.S. at 248 , 111 S.Ct. 1227 ; see also United States v.

City of Detroit v. Federal Power Commission

230 F.2d 810 · Court of Appeals for the D.C. Circuit · Dec 15, 1955

We should not be understood to say that whenever the Commission does establish the necessary relationship between means and end, a prescribed rate increase will be lawful. … This statement of the different results of the two methods, however, should be Qualified insofar as it is said to reflect the findings of the Commission itself; for the Commission also said that if the comparison were strictly

VIP Health Services, Inc. v. National Labor Relations Board

164 F.3d 644 · Court of Appeals for the D.C. Circuit · Jan 12, 1999

Whether a field nurse writes an HHA plan of care alone or in conjunction with an intake coordinator is not clearly answered in the testimony. … they act within a framework established by the patient's doctor. Further, one of the nurses testified that the plans are reviewed by the nursing coordinators.

Impro Products, Inc. v. John R. Block, Secretary of Agriculture of the United States

722 F.2d 845 · Court of Appeals for the D.C. Circuit · Dec 16, 1983

Because the “final agency action” in these cases is the decision on the FOIA request, and not publication per se, they are clearly inapposite to the case before us. See Pharmaceutical Mfrs. Ass’n v. … It also establishes the period available for judicial review of the validity of administrative decisions. See Crown Coat Front Co. v. United States, 386 U.S. 503 , 87 S.Ct. 1177 , 18 L.Ed.2d 256 (1967).

Union Of Concerned Scientists v. U.S. Nuclear Regulatory Commission

735 F.2d 1437 · Court of Appeals for the D.C. Circuit · Jul 2, 1984

the legislative history of the APA. 22 There, although Congress did not elucidate its reasoning at length, it cited the Attorney General's report that analyzed the exemption as designed for on the spot decisions made by a qualified … Thus, we conclude that evaluation of emergency exercises is not a determination resting solely on a test or inspection so as to qualify for a generic exemption from section 189(a)'s hearing requirement. 24 49 The NRC also

Associated Press v. Taylor Budowich

Court of Appeals for the D.C. Circuit · Jun 6, 2025

The press pool gave privileged access to certain outlets in the established media. … The government makes no clearly-erroneous challenge to that finding. The law, too, is on the AP’s side in treating newsgathering as communicative. Defendants rely on Price v.

Time Warner Entertainment Co., L.P. v. Federal Communications Commission United States of America, Nynex Corporation, Intervenors

56 F.3d 151 · Court of Appeals for the D.C. Circuit · Jul 17, 1995

Because this provision applies to any basic tier established pursuant to Sec. 543(b)(7) and clearly states an intention directly to regulate rates, it cannot apply to systems that face effective competition. See id. … While (ii) does not expressly contain that qualifier, one would think the distributors in (ii) must also be "unaffiliated." Why?

United States v. Harold Castle

825 F.3d 625 · Court of Appeals for the D.C. Circuit · Jun 14, 2016

Finally, we cannot help but note that the Government “did not seek to qualify [the police officers] as ... expert[s] on public identification of police vehicles” or “establish a factual foundation for opinion testimony as … This conclusion is contrary to the facts in this case and to well-established law.

District of Columbia v. Wilcox

4 App. D.C. 90 · Court of Appeals for the D.C. Circuit · Sep 20, 1894

He then alleged that the deceased had left a will of which the plaintiff was the duly qualified executor, and that he left certain named brothers and sisters, as next of kin, for whose use the suit was brought; but it was … ordinarily exercise'in their own behalf, in full view of this open passageway provided for the public, then he would not have been entitled to recover damages had he survived, and those who represent him equally fail to establish

United States v. Gerald S. Simpson

992 F.2d 1224 · Court of Appeals for the D.C. Circuit · May 21, 1993

The trial judge credited this officer’s testimony and we, as an appellate court, will overturn such a credibility determination only if it appears to be *1227 clearly erroneous. See United States v. … The rule against the admission of such evidence is so well established that a violation of it will nearly always qualify as an obvious error. See Rhodes, 886 F.2d at 380 .

Asarco Incorporated, Newmont Mining Corporation, and Magma Copper Company v. Environmental Protection Agency, Sierra Club v. United States Environmental Protection Agency and Douglas M. Costle, Administrator, United States Environmental Protection Agency, Asarco Incorporated, Intervenors

578 F.2d 319 · Court of Appeals for the D.C. Circuit · Feb 28, 1978

Affected facilities, and thus new sources, were clearly not synonymous with entire plants. … However, that Congress clearly knew how to proscribe this concept in section 112 and did not do so in section 111 seems to me to militate against the holding of the court.

Bd Trst Loc 25 v. JPR Inc

Court of Appeals for the D.C. Circuit · Feb 27, 1998

This passage only permits the Trustees to recoup those "auditing fees" that qualify as "expenses of collection." … This is not to say that auditing fees may never qualify as "expenses of collection." Fees for non-routine follow-up au- dits performed as a part of the collection process are clearly included in the term.