Case law

Williams Natural Gas Co. v. Federal Energy Regulatory Commission

943 F.2d 1320 · Court of Appeals for the D.C. Circuit · Sep 6, 1991

Hence, our decision in Williams I established only — and could establish only — that the orders under review were not self-evidently justified. … ARCO points out that a tight formation well drilled between May 12, 1990 and January 1, 1991 qualifies for neither the ceiling-based ITC nor the amended and now calendar-based ITC.

International Fabricare Institute v. U.S. Environmental Protection Agency

972 F.2d 384 · Court of Appeals for the D.C. Circuit · Aug 21, 1992

Clearly, then, they have standing to bring their challenges. … The “new scientific evidence” petitioners point to, see Brief for Petitioners at 31, boils down to the opinions of a few scientists who, however qualified, are in their own words at odds with what is “generally thought” about

United States Cellular Corp. v. Federal Communications Commission

254 F.3d 78 · Court of Appeals for the D.C. Circuit · Jun 29, 2001

In that case, the Commission had established a rate structure that essentially required large long distance carriers to subsi- dize smaller ones. … Petitioners claim that the "cost causer" for wireless E911 is "clearly" the PSAP: "E911 capabilities are not necessary to provide wireless service.

National Cable Television Association, Inc. v. Federal Communications Commission

33 F.3d 66 · Court of Appeals for the D.C. Circuit · Aug 26, 1994

Title III establishes the federal regulatory scheme for broadcasting. The Act, however, "fences off from FCC reach or regulation intrastate matters," Louisiana Public Service Comm'n v. … Sec. 532 ; and Sec. 614 requires a cable operator to carry "the signals of local commercial television stations and qualified low power stations," 47 U.S.C. Sec. 534 .

Caribbean Broadcasting System, Ltd. v. Cable & Wireless PLC

148 F.3d 1080 · Court of Appeals for the D.C. Circuit · Jul 17, 1998

verse effect upon the commerce of the United States suffi- cient to support subject matter jurisdiction over Counts II-XI [see JA at 129-131]--was not addressed by anything in the Second Amended Complaint, which more clearly … therefore, so long as it makes allegations that, if proven, would show that the challenged conduct had a "direct, substantial, and reasonably foreseeable effect" upon an aspect of commerce to which the Sherman Act, as qualified

Local 1219, American Federation of Government Employees v. Raymond J. Donovan, Secretary of Labor, Local 1219, American Federation of Government Employees v. Raymond J. Donovan, Secretary of Labor American Federation of Government Employees, Afl-Cio

683 F.2d 511 · Court of Appeals for the D.C. Circuit · Aug 12, 1982

Although it is well established that the Department's enforcement of analogous private sector laws is subject to some judicial scrutiny, we have not previously examined the judicial role in reviewing enforcement of standards … No desire to impart such a far reaching immunity is evident in the legislative history the government relies on.

SAI v. Transp. Sec. Admin.

315 F. Supp. 3d 218 · Court of Appeals for the D.C. Circuit · Sep 25, 2018

further an unlawful or fraudulent act," and establish that the client actually "carried out the crime or fraud." … First, while Exemption 6 requires the agency to demonstrate that disclosure would constitute a "clearly unwarranted invasion of personal privacy," 5 U.S.C. § 552 (b)(6), Exemption 7(C) "omits the adverb 'clearly,' " 100Reporters

Mashpee Tribal Cncl v. Norton, Gale A.

336 F.3d 1094 · Court of Appeals for the D.C. Circuit · Aug 1, 2003

The ‘‘ready’’ list is a queue, with priority established on a first-come basis. … On the precise issue before us, whether a day on which the President closes the offices of the Executive Branch qualifies as a ‘‘legal holiday’’ under Rule 6(a), neither Latham nor any other case cited by the parties provides

Rosenberg v. U.S. Dep't of Def.

342 F. Supp. 3d 62 · Court of Appeals for the D.C. Circuit · Sep 27, 2018

If so, courts "then determine whether ... disclosure would constitute a clearly unwarranted invasion of personal privacy." Id. (internal quotation marks omitted). … Dep't of Homeland Sec. , 626 F.3d 678 , 681 (2d Cir. 2010) ("The sentence structure of Exemption (b)(7)(E) indicates that the qualifying phrase ('if such disclosure could reasonably be expected to risk circumvention of the

Leather Industries of America, Inc. v. Environmental Protection Agency Carol M. Browner, Administrator, United States Environmental Protection Agency, Association of Metropolitan Sewerage Agencies v. Environmental Protection Agency Carol M. Browner, Administrator, United States Environmental Protection Agency, Milwaukee Metropolitan Sewerage District, a Special Purpose Wisconsin Municipal Corporation v. Environmental Protection Agency Carol M. Browner, Administrator, United States Environmental Protection Agency, City of Pueblo, Colorado v. Environmental Protection Agency

40 F.3d 392 · Court of Appeals for the D.C. Circuit · Nov 15, 1994

Once it complies with the Table 1 limits, it must comply either with the Table 3 limits--qualifying as "clean" sludge--or with the cumulative limits in Tables 2 and 4. Each option is discussed below. 4 2. … W-170, Peer Review: Standards for the Disposal of Sewage Sludge 86-87 (1989), reprinted in J.A. at 60-61 ("Peer Review Report") 13 Id. at 86, reprinted in J.A. at 60 14 Clearly, the EPA's mandate to establish standards "adequate

American Mail Line Ltd. And American President Lines, Ltd. v. Federal Maritime Commission and United States of America, R. J. Reynolds Tobacco Co., Intervenors. American Export Lines, Inc. v. Federal Maritime Commission and United States of America, R. J. Reynolds Tobacco Co., Intervenors. Walter Kidde & Company, Inc. v. Federal Maritime Commission and United States of America, R. J. Reynolds Tobacco Company, Intervenors. United States of America v. Federal Maritime Commission, R. J. Reynolds Tobacco Company, Intervenors. International Longshoremen's Association, Afl-Cio v. United States of America and Federal Maritime Commission, R. J. Reynolds Tobacco Company, Intervenors

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. 73 C. … Columbia Pictures Corp., 189 F.Supp. 153, 181-183 (S.D.N.Y.1960) 28 Such a procedure could lead to sharp practices by parties desiring antitrust immunity based on FMC approval.

Charles Carter v. District of Columbia, Maurice Turner, Chief, Metropolitan Police Department Charles Carter v. District of Columbia

795 F.2d 116 · Court of Appeals for the D.C. Circuit · Jul 3, 1986

It’s clearly hearsay, double hearsay. And it’s certainly prejudicial, Your Hon- or, because again, the jury is presented with naked allegations that may or may not be unfounded. THE COURT: We had this earlier. … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Mid-Tex Electric Cooperative, Inc. v. Federal Energy Regulatory Commission, West Texas Utilities Company, Southwestern Electric Power Company, Edison Electric Institute, Potomac Electric Power Company, Dennis J. Roberts, Ii, Attorney General of the State of Rhode Island, Intervenors. Alabama Electric Cooperative, Inc. v. Federal Energy Regulatory Commission, West Texas Utilities Company, Edison Electric Institute, Southwestern Electric Power Company, Potomac Electric Power Company, Dennis J. Roberts, Ii, Attorney General of the State of Rhode Island, Intervenors. American Public Power Association v. Federal Energy Regulatory Commission, West Texas Utilities Company, Southwestern Electric Power Company, Edison Electric Institute, Attorney General of the State of Rhode Island, Potomac Electric Power Company, Intervenors. National Rural Electric Cooperative Association v. Federal Energy Regulatory Commission, Edison Electric Institute, Attorney General of the State of Rhode Island, Southwestern Electric Power Company, Potomac Electric Power Company, Intervenors. Public Systems v. Federal Energy Regulatory Commission, Edison Electric Institute, Southern California Edison Company, Southwestern Electric Power Company, Dennis J. Roberts, Ii, Attorney General of the State of Rhode Island, State Corporation Commission of the State of Kansas, Intervenors. Cities of Altamont, Bethany, Bushnell, Cairo, Carmi, Casey, Flora, Greenup, Marshall, Metropolis, Newton, Rantoul, and Roodhouse, Illinois the Town of Norwood, Massachusetts, the New Mexico Cities of Gallup and Farmington and the Pennsylvania Cities of Ellwood City, Grove City, and Zelienople v. Federal Energy Regulatory Commission, Edison Electric Institute, Southwestern Electric Power Company, Potomac Electric Power Company, Intervenors

773 F.2d 327 · Court of Appeals for the D.C. Circuit · Oct 4, 1985

The first prop is clearly insufficient. … FERC has yet to clearly answer this question.

Kathleen Ranowsky v. National Railroad Passenger

Court of Appeals for the D.C. Circuit · Aug 14, 2018

But Howard’s signoff on Carriere’s evaluation does not establish that Howard, contrary to his proffered nondiscriminatory reason, was confident in Ranowsky’s ability to serve as Deputy Counsel for him and a new General Counsel … Ranowsky also contends that Winters made an illusory job offer for the Deputy Counsel position to a qualified, older woman, René Lee, in what Ranowsky describes as an attempt to cover up Amtrak’s discrimination.

British Caledonian Airways Limited v. Langhorne Bond, Administrator, Federal Aviation Administration, Balair Ag, Lufthansa German Airlines, Swissair, Swiss Air Transport Company, Ltd. v. Langhorne Bond, Administrator, Federal Aviation Administration, Alitalia-Linee Aeree italiane-s.p.a., Intervenor

665 F.2d 1153 · Court of Appeals for the D.C. Circuit · Sep 2, 1981

In contrast, several provisions of the Chicago Convention clearly require the contracting states, as distinguished from ICAO, to take the necessary steps under national law to implement the purposes of those provisions. … (e) Aviation fuel standards; establishment, implementation and enforcement The Secretary of Transportation shall prescribe, and from time to time revise, regulations (1) establishing standards governing the composition or

Natural Resources Defense Council, Inc. v. Russell E. Train, in His Official Capacity as Administrator, Environmental Protection Agency

510 F.2d 692 · Court of Appeals for the D.C. Circuit · Mar 10, 1975

as soon as possible after the passage of the Act. 94 It believed that the states would shoulder the primary burden of issuing permits to individual dis-chargers. 95 With the establishment of a qualified state program, EPA … What we are seeking to establish is a nationwide policy.

Railway Labor Executives' Association v. United States of America and the Interstate Commerce Commission, Boston & Maine Corporation, Intervenors

987 F.2d 806 · Court of Appeals for the D.C. Circuit · Mar 12, 1993

The statute clearly mandates that “rights, privileges, and benefits” afforded employees under existing CBAs be preserved. 2 Unless, however, every word of every CBA were thought to establish a right, privilege, or benefit … Section 565(b)(3), as qualified by the next sentence of § 565(b), thus embodies the protection afforded by the labor protective conditions implemented under the ICA, which are not at issue here.

Sierra Club v. Van Antwerp

661 F.3d 1147 · Court of Appeals for the D.C. Circuit · Jan 30, 2012

Although the district court focused on four of these factors and found they established that the project’s environmental impact would be “significant,” Sierra Club, 719 F. … Dodd’s expertise and experience, and the seeming logic of his analysis, as well as CCTC’s own acknowledgment of the snake’s vulnerability to fragmentation risk, we think his comment qualifies as the sort of “relevant and

Indiana Broadcasting Corp. v. Federal Communications Commission

407 F.2d 681 · Court of Appeals for the D.C. Circuit · Dec 5, 1968

Since the projects were beyond the scope of the distant signal rule, it was incumbent upon petitioner, to qualify the cases for an evidentiary hearing, to “state fully and precisely all pertinent facts and circumstances relied … We recently adverted to the need for “factual specificity in petitions for waiver and in the proof,” and for Commission adjudications that “clearly articulate the public interest considerations on which it determines to waive

Comer Blocker v. United States

288 F.2d 853 · Court of Appeals for the D.C. Circuit · Mar 3, 1961

It is an example of exercising judicial power beyond judicial comprehension in an area where not even relative certainties are established. … There are very few people who could not qualify under this test * * Dr. C. Savage, Discussion, 116 Am. J. of Psychiatry 295, 296 (1959). *860 Dr. John R.