Case law
Opinions from 1658 to today.
6,967 results
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848 F.2d 1246 · Court of Appeals for the D.C. Circuit · May 24, 1988
Moreover, the record of the abandonment authorization must clearly reflect this, in order to withstand subsequent judicial review. See id. at 1094-95 . … No. 96-448, 94 Stat. 1895 (1980), clearly evinces Congress' desire to deregulate the railroads.
Cited 0 timesPublished483 F.2d 1294 · Court of Appeals for the D.C. Circuit · Aug 22, 1973
Section 103 by its terms applies only to orders establishing standards under Title I. … section 204(a) are not "practicable"-that is, even though it is not "practicable" to produce a regrooved tire that meets those requirements-the use of regrooved tires is still prohibited. 50 The appellants argue that they are immune
Cited 5 timesPublishedInternational Brotherhood of Electrical Workers v. National Labor Relations Board
487 F.2d 1113 · Court of Appeals for the D.C. Circuit · Sep 22, 1972
To be sure, as Oakland Mailers makes clear, there are also some supervisory activities which Section 8(b)(1)(B) makes immune from union discipline. … Since contract interpretation is clearly a part of a supervisor’s normal grievance settling duties, the Toledo case is easily distinguishable. See note 6 supra. .
Cited 6 timesPublished855 F.3d 345 · Court of Appeals for the D.C. Circuit · Apr 28, 2017
Moreover, the exercise of monopsony power to temporarily reduce consumer prices does not qualify as an efficiency that can justify an otherwise anti-competitive merger. … The District Court clearly erred in concluding otherwise, and I disagree with the majority opinion’s affirmance of the District Court’s judgment.
Cited 18 timesPublishedAnthony v. Int'l Ass'n of Machinists & Aerospace Workers Dist. Lodge 1
378 F. Supp. 3d 30 · Court of Appeals for the D.C. Circuit · Mar 29, 2019
The Fund is established and maintained pursuant to its Amended and Restated Trust Agreement ("Trust Agreement"). AR550-88 1 ; see also Fund's SOF ¶ 1. … McCutchen , 569 U.S. 88 , 102, 133 S.Ct. 1537 , 185 L.Ed.2d 654 (2013) ("The words of a plan may speak clearly, but they may also leave gaps.
Cited 4 timesPublishedWest Michigan Broadcasting Company v. Federal Communications Commission
735 F.2d 601 · Court of Appeals for the D.C. Circuit · Jun 13, 1984
We affirm the Commission's decision in all respects. 2 In this case, under the criteria of the Commission's comparative evaluation process, both applicants were judged to be highly qualified. … Where significance could be shown, other factors might be considered. 20 In this case few of the stated factors established clear distinctions between Waters and West Michigan.
Cited 0 timesPublishedNational Association of Greeting Card Publishers v. United States Postal Service
607 F.2d 392 · Court of Appeals for the D.C. Circuit · Jun 8, 1979
Governors’ Alleged Abuse of Discretion NAGCP bases its general objection to the Governors’ ratification of the PRC rejection of the CRM proposal on qualifying language employed in the Governors’ decision. … The record clearly does not provide cornpíete data to compute a ratio of assignable SRC to CRM.
Cited 21 timesPublishedNatural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency
822 F.2d 104 · Court of Appeals for the D.C. Circuit · Jun 30, 1987
Sec. 1312(a). 9 These national standards establish a nationwide floor for the achievement of pollution control. … Since this provision applies only to "new sources," the "applicable standards of performance" which must be satisfied to qualify for the grace period are clearly NSPS standards, as those are the standards applicable to new
Cited 4 timesPublished627 F.2d 407 · Court of Appeals for the D.C. Circuit · May 15, 1980
Congress has clearly provided that promotion boards without Reserve officers among their members cannot pass on the promotional prospects of Reserve officers. … For those appellants who do not qualify for and choose to retire pursuant to this relief of constructive service, the Secretary should ensure that records contain Officer Efficiency Reports for the period of illegal discharge
Cited 60 timesPublishedSamuel R. President v. Cyrus R. Vance, Secretary, United States Department of State
627 F.2d 353 · Court of Appeals for the D.C. Circuit · Apr 25, 1980
We can only speculate as to President’s rating in the seventeenth category because it is not reproduced clearly in the photocopy of the administrative record prepared for this litigation. 19 . … VII trial must carry the initial burden under the statute of establishing a prima facie case of racial discrimination.
Cited 90 timesPublishedEnvironmental Defense Fund, Inc. v. Costle
631 F.2d 922 · Court of Appeals for the D.C. Circuit · Jul 17, 1980
The 1972 amendments to FIFRA established judicial review for different types of agency action in both the district and the appellate courts. … Because EDF was not adversely affected by cancellation and restrictions of chlorobenzilate uses, as to that portion of the notice EDF clearly neither has nor claims a right to a hearing. B. Noncancellation 1.
Cited 16 timesPublished566 F.2d 339 · Court of Appeals for the D.C. Circuit · Oct 21, 1977
The discovery process established, that HEW Form 474, entitled “Confidential Statement of Employment and Financial Interests,” the conflict of interest form required of special government employees, had the most complete … The Government’s assertion of exemptions 4 and 6 of the FOIA as defenses to production,' therefore, must be read as a claim of privilege, and as such is clearly inapposite.
Cited 51 timesPublishedKearns v. Fed. Aviation Admin.
312 F. Supp. 3d 97 · Court of Appeals for the D.C. Circuit · May 15, 2018
The FAA also told Kearns that the redacted information additionally qualified for withholding under Exemption 7(C), which protects against the unwarranted *103 invasion of personal privacy through the disclosure of law-enforcement … Gates , 525 F.Supp.2d 174 , 187 (D.D.C. 2007) ("[A] plaintiff must exhaust the administrative remedies established by an agency's Privacy Act regulations before bringing suit ... to compel disclosure.").
Cited 18 timesPublished703 F.2d 586 · Court of Appeals for the D.C. Circuit · Mar 9, 1983
Any such "content evaluation" by the government clearly is prohibited under the First Amendment. … Any group's freedom to shape the nature of its own demonstration is limited by the well-established permissibility of "time, place and manner" limitations--the reasonableness of which is established so long as the First Amendment
Cited 0 timesPublishedIn Re the Reporters Committee for Freedom of the Press
773 F.2d 1325 · Court of Appeals for the D.C. Circuit · Sep 20, 1985
The “capable of repetition” requirement is clearly met here. In Gannett Co. v. … And Schmedding , despite the dissent’s selective quotation to establish the contrary, is unequivocal that entry of judgment is the crucial stage.
Cited 128 timesPublishedSoutheast Shipyard Ass'n v. United States
979 F.2d 1541 · Court of Appeals for the D.C. Circuit · Nov 24, 1992
We will assume the two sentences in the House Report qualify as a “clearly expressed” intention contrary to the meaning of the words of the savings clause. … The corporation owning the vessel must be "established under the laws of the United States or of a State.” 46 U.S.C. § 12102 (a)(4).
Cited 2 timesPublishedAmerican Bankers Association v. Securities and Exchange Commission
804 F.2d 739 · Court of Appeals for the D.C. Circuit · Nov 17, 1986
Finally, in 1982, the Comptroller abandoned its interpretation that § 16 of the Glass-Steagall Act limited bank brokerage activities to customers of traditional banking services by allowing a national bank to establish a … Rule 3b-9, of course, does not purport to turn on the meaning of "substantial," but rather attempts to reach banks which clearly satisfy all three alternatives set forth in the statutory definition of bank. 12 .
Cited 19 timesPublishedMD/DC/DE Broadcasters Ass'n v. Federal Communications Commission
253 F.3d 732 · Court of Appeals for the D.C. Circuit · Jun 19, 2001
stated" that Option A alone could accomplish both its goals, the Commission actually said this: We believe that our goal of ensuring that broadcasters engage in broad outreach so that all qualified job candi- … Conversely, the fact that a sizeable number of females or minorities have applied for openings will not necessarily establish the inclusiveness of the station's efforts.
Cited 3 timesPublished144 F.3d 58 · Court of Appeals for the D.C. Circuit · Oct 20, 1998
Clause,” id. at 471 n. 33, 97 S.Ct. at 2805 n. 33, and indeed that Congress had on that occasion singled out “a legitimate class of one,” id. at 472, 97 S.Ct. at 2805. 6 It insisted that the burden must be a punishment to qualify … Clearly the structural separation requirements regulate expressive activity within the scope of the First Amendment.
Cited 37 timesPublished326 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. * * *' 19 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
Cited 54 timesPublished
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