Case law

Pacific Gas and Electric Company v. Federal Power Commission, General Motors Corporation, Intervenors. Mississippi Power and Light Company v. Federal Power Commission, General Motors Corporation, Intervenors

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.

C & H Transportation Co. v. Interstate Commerce Commission

589 F.2d 565 · Court of Appeals for the D.C. Circuit · Oct 10, 1978

In this regard, shippers supporting an application for motor carrier authority must “ ‘identify clearly the commodities they ship or receive, the points to or from which their traffic moves, the volume of freight they would … I at 56. . 49 U.S.C. § 307 (a) (1970) states that “a certificate shall be issued to any qualified applicant therefor . if it is found that . . . the proposed service, to the extent to be authorized by the certificate, is

United States of America Ex Rel. Joel D. Joseph, and Joel D. Joseph v. Howard W. Cannon

642 F.2d 1373 · Court of Appeals for the D.C. Circuit · Jan 30, 1981

Limits on Judicial Power We approach our interpretation of the False Claims Act mindful of long-established principles governing the scope of judicial power in our constitutional scheme. … The Committee understands that this is the approach currently taken by most Members of the Senate. 67 Because of the complexity of the issue, however, the rule’s injunction was to be qualified by exceptions for an individual

Western Resources, Inc. v. Federal Energy Regulatory Commission

9 F.3d 1568 · Court of Appeals for the D.C. Circuit · Nov 9, 1993

When the rate imposed by the Commission differs significantly from that proposed by the pipeline, it can no longer be attributed to the pipeline — at least without the pipeline’s consent — so as to qualify for § 4 treatment … Panhandle also argues that the Commission failed to establish how the facts warranted the new backhaul rate it actually imposed.

Hurd v. Hodge

162 F.2d 233 · Court of Appeals for the D.C. Circuit · May 26, 1947

. * * * The Fourteenth Amendment and these statutes enacted in furtherance of its purpose operate to qualify and entitle a colored man to acquire property without state legislation discriminating against him solely because … A New Orleans ordinance forbade Negroes to establish residence in a white community and whites to establish residence in a Negro community (as defined), "except on the written consent of a majority of the persons of the opposite

Roland E. Matthews, Jr. v. Kenneth L. Hardy

420 F.2d 607 · Court of Appeals for the D.C. Circuit · Mar 30, 1970

Written into Section 302 is the safeguard that such a transfer cannot be made without a prior finding of mental illness by the prison authorities and by a qualified psychiatrist. … record before the District Court, they are unchallenged, and should not be ignored. * * *' 38 As the 'facts' recited in footnote 18 are not in the record, the majority have no judicial information on the subject and are clearly

Fogg, Matthew v. Ashcroft, John

254 F.3d 103 · Court of Appeals for the D.C. Circuit · Jun 22, 2001

In the first place, the MSPB clearly thought Fogg's behavior highly reprehensible even absent his law enforcement duties. … And Roche himself later qualified his earlier testimony, agreeing that government cars were not to be used on sick leave.

Citizens Association for Sound Energy v. U.S. Nuclear Regulatory Commission and United States of America, Texas Utilities Electric Co., Intervenors

821 F.2d 725 · Court of Appeals for the D.C. Circuit · Jun 26, 1987

Specifically, CASE attempts to present evidence that (1) TUEC is not technically qualified or competent, (2) there is no reasonable assurance that TUEC will follow the Commission's regulations in completing the construction … Rather, Congress established a complex process which the NRC must follow for authorizing issuance of operating license amendments, even where there is a no significant hazards consideration finding, if it wishes to dispense

State of North Carolina v. Federal Energy Regulatory Commission, the City of Virginia Beach, Virginia, Intervenor

112 F.3d 1175 · Court of Appeals for the D.C. Circuit · May 9, 1997

The Act charges each State with the duty of instituting comprehensive standards establishing quality goals for all intrastate waters. See 33 U.S.C. §§ 1311 (b)(1)(C), 1313. … But these analogies are clearly inapt.

Illinois Commerce Commission and Patrick W. Simmons v. Interstate Commerce Commission and United States of America, Association of American Railroads, Illinois Central Gulf Railroad Company, Intervenors. The Commissioner of Transportation of the State of New York v. United States of America and Interstate Commerce Commission, People of the State of California, Association of American Railroads, Intervenors

787 F.2d 616 · Court of Appeals for the D.C. Circuit · Apr 4, 1986

The number of affected overhead shippers in a given situation may conceivably be vast rather than trivial, and they may be susceptible rather than immune to "competitive or operational impact" and "abuse of market power." … Inadequacy of notice was also cited in connection with objections to the length of time--two years out of service--required before a line would qualify for the exemption.

Campbell, James v. DOJ

164 F.3d 20 · Court of Appeals for the D.C. Circuit · Mar 5, 1999

One way to discharge this burden is to submit a declaration from an appropriately qualified official attesting to the basis for the agency's deci- sion. … First, death clearly matters, as the deceased by definition cannot personally suffer the  privacy-related injuries that may plague the living.

Engine Manufacturers Association v. U.S. Environmental Protection Agency

88 F.3d 1075 · Court of Appeals for the D.C. Circuit · Jul 12, 1996

Because I do not believe that the record clearly establishes that Congress intended to take the unprecedented step of making the State of California the only government in the nation that may establish emission standards … While California may establish emission standards for all new motor vehicles subject to federal standards, see 42 U.S.C. § 7543 (b), section 209(e)(1) clearly preempts even California from establishing its own emission standards

In Re Parkwood, Inc. American Security and Trust Co., Trustee in Reorganization of Parkwood, Inc. v. Equitable Life Insurance Co. In Re Parkwood, Inc. American Security and Trust Co., Trustee in Reorganization of Parkwood, Inc. v. Manufacturers Life Insurance Co. In Re Adams Properties, Inc. American Security and Trust Co., Trustee in Reorganization of Adams Properties, Inc. v. Hartford Life Insurance Co

461 F.2d 158 · Court of Appeals for the D.C. Circuit · Mar 3, 1972

In any event this is the normal effect of a qualifying phrase which the court's opinion recognizes when it states that the words "as agent for others" is dreadfully misplaced. … The general rule is that relative and qualifying words, phrases and clauses are to be applied to the words or phrase immediately preceding and not to others more remote. United States ex rel. Santarelli v.

United States v. Stanley Weisz, United States of America v. Eugene Robert Ciuzio

718 F.2d 413 · Court of Appeals for the D.C. Circuit · Feb 21, 1984

The evidence of Weisz’ participation is clearly proof beyond a reasonable doubt. … Bennett, supra, 539 F.2d at 50 (demand must be made “clearly and unequivocally”).

Natural Resources Defense Council, Inc. v. United States Nuclear Regulatory Commission

685 F.2d 459 · Court of Appeals for the D.C. Circuit · Apr 27, 1982

In March 1978 President Carter established an Interagency Nuclear Waste Management Task Force to coordinate the activities of the various agencies conducting long-term waste research, with the ultimate goal of establishing … and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity

Southern California Edison Company v. Federal Power Commission, American Smelting and Refining Co., Arizona Public Service Company, San Diego Gas & Electric Company, Southern California Gas Co., Tucson Gas & Electric Co., Nevada Industrial Customers General Motors Corporation, the People of the State of California, Southwest Gas Corporation, Salt River Project Agricultural Improvement District, and Johns-Manville Products Corporation, Intervenors. Department of Water and Power of the City of Los Angeles v. Federal Power Commission, American Smelting and Refining Company, Compania Minera De Cananea, S. A. Inspiration Consolidated Copper Company, Kennecott Copper Corp., Arizona Public Service Company, San Diego Gas & Electric Company, Southern California Gas Company, Tucson Gas & Electric Co., Nevada Industrial Customers, General Motors Corporation, People of the State of California, Southwest Gas Corporation, Salt River Project Agricultural Improvement and Power District, and Johns-Manville Products Corporation, Intervenors

524 F.2d 409 · Court of Appeals for the D.C. Circuit · Dec 4, 1975

situations (including environmental emergencies) during periods of curtailment where supplemental deliveries are required to forestall irreparable injury to life or property." 34 Upon a sufficient allegation, petitioners might qualify … As noted in other curtailment cases, any party who finds itself in a position such as this and can clearly show the Commission that such a situation exists is free to ask for extraordinary relief at any time."

Electronic Privacy Information Center v. IRS

Court of Appeals for the D.C. Circuit · Dec 18, 2018

First, notwithstanding the IRS’s categorical non-disclosure, some of the requested information (although EPIC never specifies which portions) allegedly does not qualify as “returns” or “return information,” id. § 6103(a), … “It is well-settled . . . that the provisions of the [M]anual are directory rather than mandatory, are not codified regulations, and clearly do not have the force and effect of law.” 10 Id.

Natural Resources Defense Council, Inc. v. U. S. Environmental Protection Agency

656 F.2d 768 · Court of Appeals for the D.C. Circuit · May 7, 1981

This is most clearly reflected in the language of section 1311(h)(2). … The statutory deadline is not extended unless an application is granted, a result clearly intended by Congress.

The Motor and Equipment Manufacturers Association, Inc. v. Environmental Protection Agency and Douglas Costle, Administrator, Environmental Protection Agency, Automobile Importers of America and State of California, Intervenors. Automotive Service Industry v. Environmental Protection Agency, State of California and Automobile Importers of America, Intervenors. Motor Vehicle Manufacturers Association of the United States, Inc. v. Douglas M. Costle, Administrator of the Environmental Protection Agency Environmental Protection Agency, State of California and Automobile Importers of America, Intervenors. Chrysler Corporation v. Environmental Protection Agency, State of California and Automobile Importers of America, Intervenors. General Motors Corporation v. United States Environmental Protection Agency and Douglas M. Costle, Administrator of the United States Environmental Protection Agency, State of California and Automobile Importers of America, Intervenors

627 F.2d 1095 · Court of Appeals for the D.C. Circuit · Sep 17, 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. 57 Third, nothing in section 209 or elsewhere in … This was followed by the authorization for the establishment of statewide standards, 1959 Cal.Stats., chap. 200 (former Cal.

Girardeau A. Spann v. Colonial Village, Inc. Girardeau A. Spann v. Marvin J. Gerstin

899 F.2d 24 · Court of Appeals for the D.C. Circuit · Mar 13, 1990

That decision, we hold, qualifies as “final” for purposes of appellate review pursuant to 28 U.S.C. § 1291 (authorizing review of “final decisions” of district courts). … MWPHA and FHC have not clearly charged how the challenged advertisements "deprive[ ] [their members or constituents] of the benefits of living in a racially integrated community.”