Case law

Motor & Equipment Manufacturers Ass'n v. Environmental Protection Agency

627 F.2d 1095 · Court of Appeals for the D.C. Circuit · Aug 3, 1979

This last particularly signifies Congress’ intent that the Administrator’s decisions on air quality standards and related matters be immune from attacks like the one at bar. … This was followed by the authorization for the establishment of statewide standards, 1959 Cal. Stats., chap. 200 (former Cal.

American Mail Line Ltd. v. Federal Maritime Commission

503 F.2d 157 · Court of Appeals for the D.C. Circuit · Jun 28, 1974

USL and Sea-Land shall establish and maintain separate bids and tariffs for the carriage of military or other United States Government-controlled or generated cargo. C. … Such a procedure could lead to sharp practices by parties desiring antitrust immunity based on FMC approval. We do not imply that- any of the parties to the present agreement had this intent. .

General Motors Corp. v. Ruckelshaus

724 F.2d 979 · Court of Appeals for the D.C. Circuit · Dec 16, 1983

V 1981), establishes certain procedural requirements in connection with agency promulgation of rules. … The EPA’s interpretative rule, both on its face and as subsequently qualified by the agency, is clearly inconsistent with the statute.

Building And Construction Trades Department, Afl-Cio v. Reich

40 F.3d 1275 · Court of Appeals for the D.C. Circuit · Feb 16, 1995

CONCLUSION 27 Because Labor's interpretation of the Davis-Bacon Act and its own regulations is clearly reasonable in light of the Act's language and purpose, the district court's grant of summary judgment is affirmed. … The Copeland Act establishes a criminal penalty for the exaction of wage "kickbacks"--the coerced return of wages paid to a laborer--on federal construction projects. See 18 U.S.C.

Wachovia Bank v. National Student Marketing Corp.

650 F.2d 342 · Court of Appeals for the D.C. Circuit · Dec 5, 1980

an issue of first impression whose resolution was not clearly foreshadowed.” … The district court correctly ruled that appellants fail to qualify for the American Pipe tolling rule. Here, certification of the class was granted, not denied.

Allegheny Power v. Federal Energy Regulatory Commission

437 F.3d 1215 · Court of Appeals for the D.C. Circuit · Feb 7, 2006

Qualifying this is a FERC decision of considerable ambiguity. … Of course the Ninth Circuit doesn’t establish FERC policy.

Walter Briehl v. John Foster Dulles, Secretary of State

248 F.2d 561 · Court of Appeals for the D.C. Circuit · Jun 27, 1957

Thus the regulations clearly require facts — revealed or unrevealed — and an evaluation of information. They do not provide for an unfettered discretion. … Such provisions are the normal content of statutes or regulations which establish criteria for administrative action.

American Mining Congress and Engelhard Corporation v. United States Environmental Protection Agency, Edison Electric Institute, American Paper Institute, Hazardous Waste Treatment Council, Intervenors. American Petroleum Institute v. United States Environmental Protection Agency, Edison Electric Institute, American Paper Institute, Hazardous Waste Treatment Council, Intervenors

824 F.2d 1177 · Court of Appeals for the D.C. Circuit · Jul 31, 1987

Shaw, --- U.S. ----, ---- 106 S.Ct. 2957, 2963 , 92 L.Ed.2d 250 (U.S.1986) (recognizing that statutory language can clearly express Congress' intent to waive immunity); International Union, 816 F.2d 761, 765 (ordinary meaning … EPA need demonstrate only that its definition of solid waste does not clearly contradict congressional intent.

Yellow Bus Lines, Inc. v. Drivers, Chauffeurs & Helpers Local Union 639 James F. Woodward v. Michael Dipalermo Maria Triggs, Secretary/treasurer, Yellow Bus Lines

913 F.2d 948 · Court of Appeals for the D.C. Circuit · Sep 4, 1990

Although codified in Title 18, Crimes and Criminal Procedure, the RICO statute also establishes civil remedies in section 1964. … For example, the Fourth Circuit explicitly modified a previous decision that had arguably established a strict benefits test, explaining that a defendant's efforts need not produce financial profit for the enterprise to qualify

United States v. Joseph Ricky Park

297 F. Supp. 3d 170 · Court of Appeals for the D.C. Circuit · Feb 28, 2018

Accordingly, courts in this Circuit have utilized the well-defined Interstate Commerce Clause framework-established in United States v. … The government argues that section 2423(c) should be assessed under the "demonstrable effect" test established in Bollinger , 798 F.3d at 215 -16 , instead of the "substantial effect" test established in Lopez .

Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency

684 F.3d 102 · Court of Appeals for the D.C. Circuit · Jun 26, 2012

Of course, nothing in the CAA requires regulation of a substance simply because it qualifies as an “air pollutant” under this broad definition. … Congress thus clearly knew how to promulgate a narrow, pollutant-specific definition of “any air pollutant.”

Cmty. in-Power & Dev. Ass'n, Inc. v. Pruitt

304 F. Supp. 3d 212 · Court of Appeals for the D.C. Circuit · Mar 31, 2018

. ¶ 12 ("All available SPPD staff are now assigned to RTR projects subject to court-ordered deadlines established in these other cases, and the workload for these 33 other RTRs does not allow us to begin work on the 9 RTRs … when Congress has ordered the EPA to act by a certain deadline, "it is inappropriate for [the] agency to divert[,] to purely discretionary rulemaking[,] resources that conceivably could go towards fulfilling obligations clearly

United States v. R. Marbury Stamp, United States of America v. Harlan E. Freeman, United States of America v. E. Neil Rogers, United States of America v. Walter R. Reynolds

458 F.2d 759 · Court of Appeals for the D.C. Circuit · Jun 7, 1972

A few other cases have established a middle ground between Sclafani and Guerrina. … By inference, the jury is clearly led to believe that had they known of these things, they would have made no loan. I think it is direct contradictory. [Sic.]

Federation for American Immigration Reform, Inc. v. Janet Reno, Attorney General of the United States

93 F.3d 897 · Court of Appeals for the D.C. Circuit · Aug 30, 1996

To qualify as the latter, a party must show "less than an intent to benefit but more than a 'marginal[ ] rela[tionship]' to the statutory purposes." Id. … the grounds for exclusion [by parole] should be carefully restricted to those cases where extenuating circumstances clearly require such action and ... the discretionary [ 320 U.S.App.D.C. 243 ] authority should be surrounded

International Association of MacHinists and Aerospace Workers, Afl-Cio v. National Labor Relations Board, Boeing Company, Intervenor

595 F.2d 664 · Court of Appeals for the D.C. Circuit · Jan 8, 1979

wages, hours, or conditions of employment, [citing Howard Johnson Co., 198 N.L.R.B. 763 (1972); Good Foods Mfg. & Processing Corp., 200 N.L.R.B. 623 (1972)] or [in] circumstances where the new employer . . has failed to clearly … announce its intent to establish a new set of conditions prior to inviting former employees to accept employment.”

Energy West Mining Co. v. Federal Mine Safety & Health Review Commission

40 F.3d 457 · Court of Appeals for the D.C. Circuit · Dec 2, 1994

. § 811 (a), and authorizes the Secretary to require mine operators to “establish and maintain such records, make such reports, and provide such information, as the Secretary ... may reasonably require from time to time to … Rather, we will defer to the Secretary’s interpretation of his regulations unless it is clearly erroneous. Udall v. Tallman, 380 U.S. 1, 16-17 , 85 S.Ct. 792, 801-02 , 13 L.Ed.2d 616 (1965).

Environmental Defense Fund v. William K. Reilly, Administrator, Environmental Protection Agency, Chemical Manufacturers Association, Intervenors

909 F.2d 1497 · Court of Appeals for the D.C. Circuit · Jul 27, 1990

The Framework of Section 21 When it comes to statutory interpretation, it is a “familiar canon ... that the starting point ... is the language of the statute itself,” and “absent a clearly expressed legislative intention … preclude judicial review” 101 or “agency action is committed to agency discretion by law.” 102 But for the *1505 presence of Section 21, appellants might have qualified for APA review of EPA’s denial of their rulemaking

Local 808, Building Maintenance, Service & Railroad Workers v. National Mediation Board

888 F.2d 1428 · Court of Appeals for the D.C. Circuit · Nov 3, 1989

The “foregoing provisions” clearly include section 5, 45 U.S.C. § 155 First (1982), which gives the Board the power to determine when mediation is unsuccessful. … Congress established the "National Mediation Board" by a 1934 amendment to the RLA, see Pub.L.

Itt World Communications, Inc. v. Federal Communications Commission and United States of America, Public Broadcasting Service, Spanish International Network, Inc., Communications Satellite Corporation, Public Broadcasting Service, Rca Global Communications, Inc., American Broadcasting Companies, Inc., American Telephone and Telegraph Company, European Broadcasting Union, Aeronautical Radio, Inc., Intervenors. Western Union International, Inc. v. Federal Communications Commission and United States of America, Public Broadcasting Service, Spanish International Network, Inc., Communications Satellite Corporation, Rca Global Communications, Inc., American Broadcasting Companies, Inc., American Telephone and Telegraph Company, European Broadcasting Union, Aeronautical Radio, Inc., Intervenors. Itt World Communications, Inc. v. Federal Communications Commission and United States of America, Communications Satellite Corporation, American Broadcasting Companies, Inc., Rca Global Communications, Inc., Public Broadcasting Service, Spanish International Network, Inc., American Telephone and Telegraph Company, Intervenors. Western Union International, Inc. v. Federal Communications Commission and United States of America. Western Union International, Inc. v. Federal Communications Commission and United States of America, Communications Satellite Corporation, Rca Global Communications, Inc., Public Broadcasting Service, Intervenors. Itt World Communications, Inc. v. Federal Communications Commission and United States of America, Communications Satellite Corporation, Rca Global Communications, Inc., Public Broadcasting Service, Intervenors. Rca Global Communications, Inc. v. Federal Communications Commission and United States of America, Aeronautical Radio, Inc., Communications Satellite Corporation, Intervenors. Western Union International, Inc. v. Federal Communications Commission and United States of America, Aeronautical Radio, Inc., Communications Satellite Corporation, Hawaiian Telephone Company, Intervenors. Trt Telecommunications Corporation v. Federal Communications Commission and United States of America, Southern Pacific Communications Co., Aeronautical Radio, Inc., Hawaiian Telephone Co., FTC Communications, Inc., Gte Telenet Communications Corporation, Intervenors. Itt World Communications, Inc. v. Federal Communications Commission and United States of America, Southern Pacific Communications Co., Hawaiian Telephone Company, Aeronautical Radio, Inc., Gte Telenet Communications Corporation, Intervenors. Rca Global Communications, Inc. v. Federal Communications Commission and United States of America, Aeronautical Radio, Inc., Communications Satellite Corporation, Intervenors. Western Union International, Inc. v. Federal Communications Commission and United States of America, Aeronautical Radio, Inc., Communications Satellite Corporation, Intervenors. Itt World Communications, Inc. v. Federal Communications Commission and United States of America, Aeronautical Radio, Inc., Communications Satellite Corporation, Intervenors. Trt Telecommunications Corporation v. Federal Communications Commission and United States of America, Aeronautical Radio, Inc., Communications Satellite Corporation, Intervenors

725 F.2d 732 · Court of Appeals for the D.C. Circuit · Jan 13, 1984

This policy was to be in effect for two years during which time the FCC would consider applications for earth station ownership filed by Comsat and other qualified carriers. … Clearly, the IRCs will be unable to compete with Comsat solely on their ability to provide efficient quality control.

Boardley v. United States Department of the Interior

615 F.3d 508 · Court of Appeals for the D.C. Circuit · Aug 6, 2010

The NPS regulations clearly implicate the First Amendment; the question is whether they violate it. … County, 505 U.S. at 130.4 1 Even a content-neutral licensing scheme may raise significant censorship concerns if it vests government officials with unrestricted freedom to decide who qualifies