Case law

Accuracy In Media, Inc. v. Federal Communications Commission

521 F.2d 288 · Court of Appeals for the D.C. Circuit · Oct 16, 1975

Since the Section is clearly directed to the Corporation and its programming activities, we have no doubt that the Corporation must respect the mandate of the Section. … This existing system of accountability was clearly recognized in the 1967 legislative debates as a crucial check on the power of the CPB.

George Banta Company, Inc. v. National Labor Relations Board

686 F.2d 10 · Court of Appeals for the D.C. Circuit · Aug 15, 1982

If the General Counsel can control this process, then the General Counsel can indeed usurp the Board's responsibility for establishing policy under the Act .... 65 Frito Co. v. … NLRB, 303 F.2d 668, 670-73 (6th Cir. 1962), cert. denied, 373 U.S. 931 , 83 S.Ct. 1533 , 10 L.Ed.2d 689 (1963) (destructive of right to strike for employer to promise pre-strike employees who abandon a strike immunity from

George Banta Co. v. National Labor Relations Board

686 F.2d 10 · Court of Appeals for the D.C. Circuit · Aug 13, 1982

NLRB now observes, “to hold that the Board is bound by *301 counsel for the General Counsel’s understanding or, in this case, misunderstanding of applicable law ... would be to assign to the General Counsel matters that clearly … NLRB, 303 F.2d 668, 670-73 (6th Cir. 1962), cert. denied, 373 U.S. 931 , 83 S.Ct. 1533 , 10 L.Ed.2d 689 (1963) (destructive of right to strike for employer to promise prestrike employees who abandon a strike immunity from

Hawaiian Telephone Company v. Federal Communications Commission, Rca American Communications, Inc., Intervenor. Gte Satellite Corporation v. Federal Communications Commission, American Satellite Corporation, Intervenor. Gte Satellite Corporation v. Federal Communications Commission, Gte Satellite Corporation v. Federal Communications Commission, Western Union International, Inc. And American Satellite Corporation, Intervenors. Hawaiian Telephone Company v. Federal Communications Commission, American Satellite Corporation, Intervenor. Hawaiian Telephone Company v. Federal Communications Commission, American Satellite Corporation and Western Union International, Inc., Intervenors. Hawaiian Telephone Company v. Federal Communications Commission, Gte Satellite Corporation and Rca American Communications, Inc., Intervenors. Gte Satellite Corporation v. Federal Communications Commission, Rca American Communications, Inc., Intervenor

589 F.2d 647 · Court of Appeals for the D.C. Circuit · Dec 19, 1978

As used in this section the term "line" means any channel of communication established by the use of appropriate equipment, other than a channel of communication established by the interconnection of two or more existing … Clearly, however, the pivotal determinations in the cases before us were those made under § 214. 3 See Text at notes 11-13 and note 6 Infra 4 Appellants make other, less weighty, arguments, which are discussed at note 13

Associated Gas Distributors, American Public Gas Association, Algonquin Customer Group, Cascade Natural Gas Corporation, Michigan Consolidated Gas Company, and Southern California Gas Company v. Federal Energy Regulatory Commission, Tejas Power Corporation, Intermountain Gas Company, Columbia Nitrogen Corporation, Ong Transmission Company, Amoco Production Company, Arco Oil and Gas Company, Exxon Corporation, Pacific Gas and Electric Company, Phillips 66 Natural Gas Company, American Paper Institute, Inc., Arkansas Gas Consumers, Fertilizer Institute, Texas Inc. And Texaco Producing, Inc., Intervenors. Associated Gas Distributors, Algonquin Customer Group, and Cascade Natural Gas Corporation v. Federal Energy Regulatory Commission, Chevron Chemical Company, Intermountain Gas Company, Paiute Pipeline Company, Arco Oil and Gas Company, Amoco Production Company, Washington Water Power Company, American Paper Institute, Inc., Hadson Gas Systems, Inc., Northwest Natural Gas Company, Northwest Pipeline Corporation, Intervenors. Associated Gas Distributors and Algonquin Customer Group v. Federal Energy Regulatory Commission, Tejas Power Corporation, Public Service Electric & Gas Company, Arco Oil and Gas Company, Amoco Production Company, Cng Transmission Corporation, the American Paper Institute, Inc., Equitrans, Inc., Hadson Gas Systems, Inc., Niagara Mohawk Power Corporation, Northwest Pipeline Corporation, Pennzoil Exploration, Texas Eastern Transmission Corporation, Texaco, Inc., Intervenors. Tejas Power Corporation v. Federal Energy Regulatory Commission, Arco Oil and Gas Company, Cng Transmission Corporation, Public Service Electric and Gas Company, Amoco Production Company, Public Service Commission of the State of New York, Hadson Gas Systems, Inc., Long Island Lighting Company, Texaco, Inc., the Municipal Defense Group, Texas Eastern Transmission Corporation, Associated Gas Distributors, Orange and Rockland Utilities, Inc., Intervenors. Cascade Natural Gas Corporation v. Federal Energy Regulatory Commission

899 F.2d 1250 · Court of Appeals for the D.C. Circuit · Jun 4, 1990

No party claims that the second and third prongs of this test are not satisfied, and we think they clearly are. … Indeed, Tejas itself (which as things currently stand has established the legitimacy of its transportation request but lost its place in the queue) observes that if AGD's view of Sec. 311 prevails, "the LDCs with pre-established

American Bankers Association v. National Credit Union Administration

Court of Appeals for the D.C. Circuit · Aug 20, 2019

The parties agree that all or part of a Core Based Statistical Area may qualify as a local community so long as it does not exceed the population limit. … Only the word “neighborhood” has a dictionary definition clearly suggesting a region of small size; the phrase “local community” does not, as we have explained above, and neither does “rural district,” as we explain below

Louisiana Environmental Action Network v. United States Environmental Protection Agency

172 F.3d 65 · Court of Appeals for the D.C. Circuit · Mar 26, 1999

LEAN, by contrast, evidently an organization of environmentally concerned citizens and groups, clearly meets prudential standing requirements. … LEAN argues that both considerations are improper under the statute. 13 Whether EPA's words qualify as a "regulation" under RCRA's judicial review provision, 42 U.S.C. § 6976 (a)(1) (providing review within 90 days of action

Catherine M. Donahue, of Frances A. Cehon, Deceased, and Sidney H. Cehon, Sr., of the Estate of Richard P. Cehon, Deceased v. Far Eastern Air Transport Corporation A/K/A Yuan Tung Aeronautic Company. Catherine M. Donahue, of Frances A. Cehon, Deceased, and Sidney H. Cehon, Sr., of the Estate of Richard P. Cehon, Deceased v. Far Eastern Air Transport Corporation A/K/A Yuan Tung Aeronautic Company

652 F.2d 1032 · Court of Appeals for the D.C. Circuit · Apr 22, 1981

Nonetheless, the district court reasoned that the activity had gone far enough to qualify California as a permissible forum for adjudication of the claims in suit. The court noted F.E.A.T.' … s characterization of the cargo venture contacts "as tentative or preliminary business activities," but stated that "they clearly constitute the initial phase of a major business enterprise." J.A. 318.

National Ass'n of Manufacturers v. United States Department of the Interior

134 F.3d 1095 · Court of Appeals for the D.C. Circuit · Jan 16, 1998

[is] clearly beyond the scope of CERCLA”). … Sampling and statistical procedures should be clearly defined. The methods for determining the geographical extent of damage should also be enumerated.

Comuni-Centre Broadcasting, Inc. v. Federal Communications Commission

856 F.2d 1551 · Court of Appeals for the D.C. Circuit · Sep 16, 1988

That interest is furthered by expeditious selection of a qualified applicant, who will serve the public by operating the broadcast facility involved. … "Congress clearly recognized that sound r.egulation has procedural as well as substantive elements, and that ‘the public interest, convenience, and necessity’ comprehends both.

Blackie's House of Beef, Inc. v. Leonel J. Castillo, Commissioner of the Immigration and Naturalization Service, Nos. 79-1057

659 F.2d 1211 · Court of Appeals for the D.C. Circuit · Jul 22, 1981

search conducted pursuant to the INS’s general power to question and detain suspected aliens requires a search warrant, except in exigent circumstances, and thus disapproved random, warrantless searches of automobiles not qualifying … Marshall, 592 F.2d 373, 377 (7th Cir. 1979); In the Matter of Establishment Inspection of Gilbert & Bennett Mfg.

Americans for Clean Energy v. Environmental Protection Agency

864 F.3d 691 · Court of Appeals for the D.C. Circuit · Jul 28, 2017

According to EPA, Congress’s decision in the statute “to mandate increasing and substantial amounts of renewable fuel” use “clearly signals” that Congress intended “to create incentives to increase renewable fuel supplies … That provision is located within a section establishing EPA’s general waiver authority.

International Union, United Automobile, Aerospace & Agricultural Implement Workers v. National Right to Work Legal Defense & Education Foundation, Inc.

590 F.2d 1139 · Court of Appeals for the D.C. Circuit · Nov 17, 1978

Although the Labor Management Relations Act, 1947, outlawed the closed shop, which required a worker to join a union before qualifying for a job, § 101, 61 Stat. 140 , permissible forms of union security include the union … The debate clearly shows that the proviso was primarily “an attempt to protect a union member who may be engaged in a dispute with the [labor] organization.” Id. (remarks of Senator Kuchel).

City of Los Angeles Department of Airports v. United States Department of Transportation, Aero California, Intervenors

103 F.3d 1027 · Court of Appeals for the D.C. Circuit · Jan 17, 1997

. § 40116 ); an undue burden upon interstate and foreign commerce; and a violation of the Chicago Convention, numerous Bilateral Air Service Agreements, and the “rights privileges and immunities secured to the [airlines] … However, as shown, Congress clearly intended the statute to apply to the on-going dispute about the reasonableness of the LAX landing fees, even' though those fees had been imposed well before the statute’s enactment.

The National Welfare Rights Organization v. The Honorable Robert Finch, Secretary, United States Department of Health, Education and Welfare National Welfare Rights Organization v. The Honorable Robert Finch, Secretary, United States Department of Health, Education and Welfare

429 F.2d 725 · Court of Appeals for the D.C. Circuit · Jun 9, 1970

programs, [for as] the situation now stands, the Federal agency definitely has the upper hand in the Federal-State partnership because there is no recourse for the State beyond the decision of the Secretary * * *." 39 17 Clearly … Kelly, 397 U.S. 254 , 90 S.Ct. 1011 , 25 L.Ed.2d 287 (1970), confirm the substantiality of qualified welfare recipients' interest in benefits See King v.

Environmental Defense Fund, Inc. v. Administrator Of The United States Environmental Protection Agency

898 F.2d 183 · Court of Appeals for the D.C. Circuit · Mar 13, 1990

(According to the EPA, no Class III areas have been established to date. … The qualifier evidently refers to the Set I increments for Class I. They derived from the Senate bill, see H.R.Conf.Rep.

Wright v. Regan

656 F.2d 820 · Court of Appeals for the D.C. Circuit · Jun 18, 1981

Connally, 39 schools that do not adopt and administer nondiscriminatory admissions practices do not qualify for tax benefits otherwise available to nonprofit educational organizations. … Dismissal on the basis of these statutes, and a sovereign immunity bar, were urged, unsuccessfully, in Eastern Kentucky Welfare Rights Organization v.

United States v. American Telephone & Telegraph Co.

642 F.2d 1285 · Court of Appeals for the D.C. Circuit · Sep 16, 1980

Finding the present case clearly within the collateral order doctrine as defined by these precedents, we hold the district court’s discovery to be within our jurisdiction to review as a final order. … This is clearly true in antitrust cases, where Congress has established a policy of private enforcement to supplement governmental action against offenders.

Kessler v. Federal Communications Commission

326 F.2d 673 · Court of Appeals for the D.C. Circuit · Dec 20, 1963

And the effort invested in a determination of individual proposals might be rendered futile by a contrary disposition of the rule making proceeding — thus producing even more delay. * * * ” Clearly, if the Commission may … application is to be considered under existing standards, the public interest would demand that mutually exclusive applications timely tendered be also considered in a comparative hearing designed to ascertain the applicant best qualified

Overby v. Gordon

13 App. D.C. 392 · Court of Appeals for the D.C. Circuit · Nov 2, 1898

. *420 resident of said county, intestate, and that said applicant is a citizen of this State, lawfully qualified for said administration, and no objection appearing to the contrary,” it was thereupon ordered, that said Logan … And Lord Wensleydale, while giving his own definition as to what constitutes domicil of a testator, said: “I take it to be a perfectly clearly established proposition at this day, confirmed by the case of Stanley v.