Case law

Nat Resrc Def Cncl v. EPA

Court of Appeals for the D.C. Circuit · Jul 10, 2009

The EPA has long allowed emissions reductions occurring before a permit application to qualify as offset credits under specified circumstances. … No. 95-95, § 108(b), 91 Stat. 685, 694 (Aug. 7, 1977) (establishing construction ban) (1977 CAA Amendments).

National Citizens Committee for Broadcasting v. Federal Communications Commission

555 F.2d 938 · Court of Appeals for the D.C. Circuit · Mar 1, 1977

The Commission has sought to limit divestiture to cases where the evidence discloses that cross-ownership clearly harms the public interest. … In Citizens, the Commission’s policy statement on comparative hearings was invalidated because it improperly denied a full hearing to qualified license challengers.

Production Workers Union of Chicago & Vicinity, Local 707 v. National Labor Relations Board

793 F.2d 323 · Court of Appeals for the D.C. Circuit · Jun 13, 1986

The matter at hand, the opinion concedes, “is clearly not” such a case. … Congress and the courts long ago clearly established that Section 8(b)(4) bars only pressure against neutrals, and the Board has adduced no remotely tenable argument for its breathtakingly novel interpretation of the provision

United States v. Gregory M. Thomas

114 F.3d 228 · Court of Appeals for the D.C. Circuit · Jun 3, 1997

The Organization Viewed in the light most favorable to the government, the evidence introduced at trial established that by 1983 the R Street Crew had established a single coordinated drug distribution network selling principally … Such defendants receive special rights and immunities, are shielded from publicity, are confined apart from adult criminals and are protected from certain consequences of adult conviction.

Securities & Exchange Commission v. Wall Street Publishing Institute, Inc., D/B/A Stock Market Magazine

851 F.2d 365 · Court of Appeals for the D.C. Circuit · Jun 21, 1988

SEC] claims that in seeking injunctions which track the language of the Securities Exchange Act and the Securities Act it is not seeking to enjoin the publication of Stock Market Magazine, the effect of such an Order is clearly … While it is true that after Lowe , the Stock Market Magazine cannot be considered an investment adviser within the meaning of the Investment Advisers Act, we do not think that the feature articles are necessarily immune from

United States v. Sherri Davis

863 F.3d 894 · Court of Appeals for the D.C. Circuit · Jul 21, 2017

Thomas Jaycox testified on direct examination that Andre had prepared his 2012 tax return, but qualified his testimony on cross-examination and redirect by clarifying that Sherri had, in fact, also “put[] information on” … Lumping Andre together with Sherri in this manner was clearly prejudicial to Andre.

Kaspersky Lab, Inc. v. U.S. Dep't of Homeland SEC. & Kirstjen M. Nielsen

909 F.3d 446 · Court of Appeals for the D.C. Circuit · Nov 30, 2018

National Protection and Programs Directorate; Notification of Issuance of Binding Operational Directive 17-01 and Establishment of Procedures for Responses (“BOD-17-01”), 82 Fed. Reg. 43,782, 43,783 (Sept. 19, 2017). … “[T]he Court has clearly stated that satisfaction of the specificity prong alone is not sufficient to find that a particular law implicates the bill of attainder clause, let alone violates it.”

Mitchell v. Potomac Insurance

16 App. D.C. 241 · Court of Appeals for the D.C. Circuit · Mar 7, 1900

gasoline or other oil or vapor;” and the printed clause prohibiting the keeping of such oils “in quantities exceeding one barrel at any one time, without the the written consent of the company,” the court said to the jury: “Clearly … Whatever might be the established rule of liability in such cases for all damages by explosion, whether caused by precedent fire, or by fire ensuing, in the absence of further stipulation relating thereto, it has no application

Nicholson v. Interstate Commerce Commission

711 F.2d 364 · Court of Appeals for the D.C. Circuit · Jun 30, 1983

depots and the extension of their main lines to the new terminal as ordered by the California State Railroad Commission at the request of the City of Los Angeles. 17 The project considered by the Court in Southern Pacific is clearly … It does not involve any change in or extension of its mainline track and it qualifies as "switching" tracks that are specifically excluded by section 10907(b)(1) from the authority of the Commission under section 10901(a)

Alexander Gallo v. DC

Court of Appeals for the D.C. Circuit · May 20, 2025

“[I]n other words, to establish a contract the minds of the parties must be in agreement as to its terms.” Id. (quoting Klein v. Weiss, 395 A.2d 126, 141 (Md. 1978)). … The SAC does not specify how many of Gallo’s tenants would actually qualify for eviction under the RHA.

International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, Uaw v. Occupational Safety & Health Administration, U.S. Department of Labor, the Dow Chemical Company, American Petroleum Institute, National Confections Association, Chocolate Manufacturers Association, Intervenors. National Association of Manufacturers v. Occupational Safety & Health Administration, U.S. Department of Labor, Elizabeth Dole, Secretary of Labor, Motor Vehicle Manufacturers Association of the United States, Intervenor. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, Uaw, Oil, Chemical & Atomic Workers International Union v. Occupational Safety & Health Administration, U.S. Department of Labor

938 F.2d 1310 · Court of Appeals for the D.C. Circuit · Jul 12, 1991

Secretary's understanding that the "feasib[ility]" criterion of Sec. 6(b)(5) was not a cost-benefit standard, the Court observed that "[w]hen Congress has intended that an agency engage in cost-benefit analysis, it has clearly … While it is true the proposed rule appeared to indicate that OSHA was resolved not to mandate the use of lockout over tagout, see, e.g., 53 Fed.Reg. at 15,508, interested parties clearly detected some play on the issue, and

United States v. Kevin Ring

706 F.3d 460 · Court of Appeals for the D.C. Circuit · Jan 25, 2013

We further noted that “official acts” include acts that have been established as part of an official’s position by virtue of past practice or custom. See id. at 1323. … Rather, the attorney acted in his official capacity to influence the visa application process, conduct better analogized to an action Valdes explained was clearly within the statute’s coverage: “a congressman’s use of

National Association Of Home Builders v. Babbitt

130 F.3d 1041 · Court of Appeals for the D.C. Circuit · Dec 5, 1997

conducted on land that qualified as prime farmland and that had historically been used as cropland. … Indeed, the Lopez Court clearly established the principle that where activity, including manufacturing activity, "substantially affects interstate commerce, legislation regulating that activity will be sustained."

Center for Auto Safety v. Thomas

847 F.2d 843 · Court of Appeals for the D.C. Circuit · May 17, 1988

Duke Power clearly involved a more immediate and direct injury than the generalized interest in energy conservation asserted by these petitioners. … Clearly, the effect of the credits on fuel consumption in a particular year is simply speculative.

UnitedHealthcare Insurance Company v. Xavier Becerra (REISSUE)

Court of Appeals for the D.C. Circuit · Nov 1, 2021

As UnitedHealth would have it, Congress clearly intended enforcement of the statutory overpayment-refund obligation, which the Overpayment Rule essentially parrots, to depend on a prior determination of actuarial equivalence … Significantly, section 1395w-23(a)(1)(C)(i)’s use of the qualifier “actuarial” necessarily implies an assessment made at the group or population level, not the individual level, so as to support credible statistical inferences

Association of National Advertisers, Inc. v. Federal Trade Commission

617 F.2d 611 · Court of Appeals for the D.C. Circuit · Oct 2, 1979

Moreover, Congress granted parties only qualified cross-examination rights, not trial-type cross-examination. 15 U.S.C. § 57a(c)(2), (3). … These procedures are supplemented by the Commission’s rules ( 16 C.F.R. § 1.7 et seq.) and by procedures established in the notice of proposed rulemaking * * * .

United States v. Rochelle Ardall Crowder, United States of America v. Horace Lee Davis

87 F.3d 1405 · Court of Appeals for the D.C. Circuit · Jul 9, 1996

instruction stating clearly that in order to convict, the jury need find only the contested element(s). … What qualifies as "unequivocal"? The majority thinks the stipulations offered by Crowder and Davis do, but I cannot comprehend why.

Clayton v. Dist. of Columbia

374 F. Supp. 3d 119 · Court of Appeals for the D.C. Circuit · Mar 20, 2019

The Court need not consider the legal and factual adequacy of each of Clayton's many alleged "protected disclosures," however, because at least one of those disclosures indisputably qualifies for protection under the DC-WPA … District of Columbia , 807 F.Supp.2d 37 , 73-74 (D.D.C. 2011) (holding that "allega[tions] [of] harassment and discrimination in violation of federal and state law ... clearly fall under subsection (6)(D), as those disclosures

United States v. Jeff Fort

443 F.2d 670 · Court of Appeals for the D.C. Circuit · Dec 31, 1970

Yet, the history of these committees clearly demonstrates that only infrequently have witnesses appearing before congressional committees been afforded the procedural rights normally associated with an adjudicative proceeding … We see no evidence here that the Act was automatically applied but we do note that appellant on the face of the record apparently satisfied all the conditions precedent to qualifying initially for consideration as to whether

Saint Mary of Nazareth Hospital Center v. Richard S. Schweiker, Secretary of Health and Human Services. Mount Zion Hospital and Medical Center v. Richard Schweiker, in His Official Capacity as Secretary of Health and Human Services. Washington Township Hospital District D/B/A Washington Hospital v. Richard Schweiker, in His Official Capacity as Secretary of Health and Human Services

718 F.2d 459 · Court of Appeals for the D.C. Circuit · Sep 23, 1983

This provision clearly is meant to prevent the Medicare program from subsidizing non-Medicare related costs, but it equally clearly proscribes Medicare from being subsidized by non-Medicare sources. 5 The hospitals contend … Finally, we know why there is so little use of labor/delivery facilities by Medicare patients: elderly women cannot have children, and very few disabled women who qualify for Medicare can or will do so.