Case law

Lopez, C v. FAA

Court of Appeals for the D.C. Circuit · Feb 11, 2003

Likewise, in Doe the court explained, citing Vitarelli and Service, that when agencies establish ‘‘special’’ ‘‘pre-termination procedures,’’ they are bound to follow them. 753 F.2d at 1098. … It is not the right of every qualified applicant to be granted a DER designation.’’

Pacific Gas & Electric Co. v. Federal Power Commission

506 F.2d 33 · Court of Appeals for the D.C. Circuit · Jun 26, 1974

Order No. 467 does not establish a substantive rule. … Since the issue is not before us, we express no opinion on the question of immunity from civil liability. See generally American Smelting & Refining Co. v.

William P. Tavoulareas, Peter Tavoulareas v. Philip Piro. William P. Tavoulareas, Peter Tavoulareas v. The Washington Post Company, D/B/A the Washington Post, a Delaware Corporation

759 F.2d 90 · Court of Appeals for the D.C. Circuit · Jun 11, 1985

that fact clearly and convincingly. … Neither of the Saudi partners had experience to qualify them to manage. Fairfield-Maxwell could have had a similar conflict.

Sinclair Wyoming Refining Company LLC v. EPA

101 F.4th 871 · Court of Appeals for the D.C. Circuit · May 14, 2024

The Final Rule established renewable fuel requirements for 2021 and 2022 and modified previously established requirements for 2020. … Here, the statute clearly does not mandate the inclusion of carryover cellulosic RINs in calculating the “projected volume available.” We addressed, and rejected, a similar argument in ACE.

United States v. William T. Coefield

476 F.2d 1152 · Court of Appeals for the D.C. Circuit · Feb 6, 1973

The fact that Coefield was already serving an adult sentence not imposed under the Act, does not establish by implication the requisite finding. … To require reasons to be stated is clearly not inconsistent with those decisions; and we now deem this to be essential to a knowledgeable administration of the Act as intended by Congress.

Mechele Vinson v. Sidney L. Taylor

753 F.2d 141 · Court of Appeals for the D.C. Circuit · May 14, 1985

District Court’s judgment herein, where we sustained a Title VII cause of action in favor of a woman employee seeking relief simply for pervasive on-the-job sexual harassment by her superiors. 29 Vinson’s grievance was clearly … Fletcher, 80 U.S.App.D.C. 263 , 152 F.2d 20 (1945), and we cannot tell whether the court meant that in the legal sense Vinson was not victimized — because her situation did not qualify under Barnes, see id. pt.

Amer Fed Govt Empl v. Rumsfeld, Donald

486 F.3d 1316 · Court of Appeals for the D.C. Circuit · May 18, 2007

And subsections (m)(1) and (m)(8) by their terms plainly qualify as such exceptions through November 2009. … Given that deferential standard of review, we conclude that the extensive review process outlined above easily qualifies as “fair treatment.”

Animal Legal Defense Fund, Inc. v. Mike Espy, in His Official Capacity as Secretary, United States Department of Agriculture

23 F.3d 496 · Court of Appeals for the D.C. Circuit · Aug 10, 1994

It does not establish that such claims may not be considered. See United States Nat. Bank of Or. v. Independent Ins. … Japan Whaling Association and Defenders of Wildlife clearly recognize people's affirmative aesthetic interest in viewing animals enjoying their natural habitat.

Keryn Newman v. FERC (AMENDED OPINION)

Court of Appeals for the D.C. Circuit · Mar 9, 2022

FERC clearly erred in reading Account 426.4’s second clause as implicitly limited to expenditures for the purpose of directly influencing the decisions of public officials. … * * * The language of Account 426.4’s Official Decisions Clause clearly encompasses the disputed expenditures.

Speechnow.org v. Federal Election Commission

599 F.3d 686 · Court of Appeals for the D.C. Circuit · Mar 29, 2010

On November 19, 2007, SpeechNow filed with the FEC a request for an advisory opinion, asking whether it must register as a political committee and if donations to SpeechNow qualify as “contributions” limited by § 441a(a)( … Alluding to the divide between expenditure limits and contribution limits established by Buckley, the FEC insists that contribution limits are subject to a lower standard of review than expenditure limits, so that “what may

Century Communications Corporation v. Federal Communications Commission and United States of America, Association of Independent Television Stations, Inc., Spanish International Communications Corp., Univision, Inc., the National Association of Broadcasters, Lincoln Broadcasting Co., National Cable Television Association, Office of Communication of the United Church of Christ, Corporation for Public Broadcasting, National Association of Public Television, Public Broadcasting Service, National Broadcasting Co., Inc., Spanish International Communications Corp., Intervenors. Richard S. Leghorn v. Federal Communications Commission and United States of America, Corporation for Public Broadcasting, Intervenors. Hubbard Broadcasting, Inc. v. Federal Communications Commission and United States of America, Corporation for Public Broadcasting, Intervenors

835 F.2d 292 · Court of Appeals for the D.C. Circuit · Dec 11, 1987

The Commission's objective in these endeavors 11 was not merely to protect an established industry from the encroachment of an upstart young competitor, although such a result was clearly the byproduct of the regulatory posture … Id. at 1448-50 . 17 Quincy Cable TV did not, however, establish the precise degree of first amendment protection enjoyed by cable operators.

Attias v. Carefirst, Inc.

365 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Jan 30, 2019

It is well-established that the existence of a valid contract precludes a claim for unjust enrichment. See, e.g. , Harrington v. … Breach Litig. , 266 F.Supp.3d 1 , 40 (D.D.C. 2017), appeal filed No. 18-1182 (dismissing case for lack of subject matter jurisdiction where plaintiffs failed to allege facts that would support waiver of sovereign immunity

Century Communications Corp. v. Federal Communications Commission

835 F.2d 292 · Court of Appeals for the D.C. Circuit · Dec 11, 1987

The Commission’s objective in these endeavors was not merely to protect an established industry from the encroachment of an upstart young competitor, although such a result was clearly the byproduct of the regulatory posture … Quincy Cable TV did not, however, establish the precise degree of first amendment protection enjoyed by cable operators.

Charles C. Rouse v. Dale C. Cameron, Superintendent, Saint Elizabeths Hospital

373 F.2d 451 · Court of Appeals for the D.C. Circuit · Apr 4, 1967

The “no such treatment” language clearly was mere make-weight in support of his claim that his detention had become incarceration — unlawful because he had recovered and was allegedly entitled to release. … statement, having taken note of problems which had arisen under the commitment provisions of section 24-301, Senator Ervin pointed out that “The mandatory commitment law deprives the trial judge who may be the person best qualified

FAA v. NTSB

190 F.3d 571 · Court of Appeals for the D.C. Circuit · Sep 21, 1999

The NTSB believed the former insufficient to qualify for Board deference under section 44709(d)(3). … The reconsideration process qualifies as a proceeding conducted by the Board. See 49 C.F.R. s 821.50.

Robert M. Owings v. Secretary of the United States Air Force (Safos)

447 F.2d 1245 · Court of Appeals for the D.C. Circuit · Sep 30, 1971

However, a gambler is not immunized from prosecution for an illegal act committed by him in the course of gambling. In United States v. … The foregoing considerations lead us to conclude that Owings was clearly guilty of wrongful appropriation with respect to the $500 check and that the defects, if any, with respect to the convictions for the remaining $350

Commissioner of Internal Revenue v. Clarion Oil Co.

148 F.2d 671 · Court of Appeals for the D.C. Circuit · Mar 12, 1945

Taxpayer was incorporated in 1911 for the purpose of “the establishment and maintenance of an oil company with' authority to contract for the lease and purchase of the right to prospect for, develop and use coal and other … Taxpayer insists that the following colloquy in Congress between Congressman Vinson and Congressman Disney clearly indicates that bonus payments for leases were not intended to be included as royalties: “Mr. Disney.

Mississippi v. Environmental Protection Agency

723 F.3d 246 · Court of Appeals for the D.C. Circuit · Jul 23, 2013

Reasonable people might disagree with EPA’s interpretations of the scientific evidence, but any such  16 disagreements must come from those who are qualified to evaluate the science, not us. … “[T]here is,” EPA stated, “no bright line clearly directing the choice of level, and the choice of what is appropriate is clearly a public health policy judgment entrusted to the Administrator.” Id. at 16,482–83.

United States v. Western Electric Co., Inc. Pacific Telesis Group, American Information Technologies Corp., New York Telephone Co. Intervenors. United States of America v. Western Electric Co., Inc. Us West, Inc., American Information Technologies Corp., New York Telephone Co. MCI Communications Corporation, Intervenors. United States of America v. Western Electric Co., Inc. Bell Atlantic

846 F.2d 1422 · Court of Appeals for the D.C. Circuit · May 10, 1988

Indeed, the natural inference from the use of the broader term "other persons" is that the parties to the MFJ meant it to bear wider signification; else they would simply have repeated section II(A)'s more qualified reference … To the extent that the District Court's holding rests on section II(B)(3), it is immune from attack on this score. 43 Even if one focuses exclusively on section B(1) of Appendix B, however, the same result follows.

Neild v. District of Columbia

110 F.2d 246 · Court of Appeals for the D.C. Circuit · Jan 15, 1940

In our view the language of the statute, read as a whole, clearly shows that the reference was solely for that purpose, [33] and consequently does not make the Act retroactive. [34] The rule is well settled that unless the … It has been held, also, that the privileges and immunities clause (U.S.Const. Art.