Case law

Office of Communication of the United Church of Christ v. Federal Communications Commission and United States of America, Cbs, Inc., National Association of Broadcasters, Radio Station Licensees, American Broadcasting Companies, Inc., National Radio Broadcasters Association, Mutual Broadcasting System, Inc., Black Citizens for Fair Media, Action for Children's Television, National Organization for Women, Empowerment Through Communications, Citizens Committee on the Media, Tribune Company, National Organization for Women--New York Chapter, National Organization for Women--Essex County, New Jersey Chapter, Office of Communication of the Episcopal Church, Wncn Listeners Guild, Inc., Episcopal Radio-Television Foundation, Department of Communication of the United States Catholic Conference, and Communications Commission of the National Council of Churches, Intervenors. Classical Radio for Connecticut, Inc. v. Federal Communications Commission and United States of America, National Citizens Committee for Broadcasting, National Association of Broadcasters, and American Legal Foundation, Intervenors. Henry Geller v. Federal Communications Commission and United States of America, Cbs, Inc., American Broadcasting Companies, Inc. And National Association of Broadcasters, Intervenors. National Association for the Advancement of Colored People v. Federal Communications Commission and United States of America, American Broadcasting Companies, Inc. And National Association of Broadcasters, Intervenors

707 F.2d 1413 · Court of Appeals for the D.C. Circuit · May 10, 1983

If the criterion of "public interest" were limited to such matters, how could the Commission choose between two applicants for the same facilities, each of whom is financially and technically qualified to operate a station … Congress amended the equal time provision in order to exempt appearances on news programs, but qualified its exemption by stating that it intended no exception "from the obligation imposed upon them under this Act to operate

In Re Sealed Case (Three Cases)

838 F.2d 476 · Court of Appeals for the D.C. Circuit · Jan 22, 1988

However, the conferees want to avoid any possibility that it would be viewed as having established a different standard. … United States, [citation], these terms are hardly of any use in limiting the holding of the case; as Justice Jackson pointed out, ”[t]he mere retreat to the qualifying ‘quasi’ is implicit with confession that all recognized

Consolidated Communications, Inc. v. National Labor Relations Board

837 F.3d 1 · Court of Appeals for the D.C. Circuit · Sep 13, 2016

Those distinctions, however, are not so material as to make the fact findings clearly erroneous. … “rough and tumble economic activity permitted by the policies established by Congress through the NLRA”). 3 C.

Graham v. Securities & Exchange Commission

222 F.3d 994 · Court of Appeals for the D.C. Circuit · Aug 18, 2000

The NASD requires that representatives of member firms register with the Association and pass a qualifying exam. … "Clearly," Graham declares, "Broumas' alleged aiders and abettors cannot also be his defrauded victims." Graham Br. at 26. This argument, too, is of no avail.

Consolidated Rail Corporation v. Interstate Commerce Commission and United States of America, the City of New York and the Metropolitan Transportation Authority of the State of New York, Chelsea Property Owners, New York Convention Center Development Corporation, Intervenors. City of New York and the Metropolitan Transportation Authority of the State of New York v. Interstate Commerce Commission and United States of America, Chelsea Property Owners, Consolidated Rail Corporation, Intervenors. Chelsea Property Owners v. Interstate Commerce Commission and United States of America, Consolidated Rail Corporation, City of New York and the Metropolitan Transportation Authority of the State of New York, Intervenors

29 F.3d 706 · Court of Appeals for the D.C. Circuit · Jul 22, 1994

Additionally, a state, political subdivision or qualified private party must be willing to assume full responsibility for the line during its interim use. Id. … At the $7 million level the plan is clearly economically infeasible.

United States v. Lamar Harris, A/K/A Cheese, United States of America v. Gary Wyche, A/K/A Gary Gunter, Drago, United States of America v. Donald Johnson, A/K/A Danny, United States of America v. Michael Palmer, A/K/A Knot, Tony, James, United States of America v. Richard A. Smith, A/K/A Rich, Mo, Richmo

959 F.2d 246 · Court of Appeals for the D.C. Circuit · Apr 3, 1992

Herbert, 698 F.2d at 986 (suggesting that visibility of certain characteristics of a firearm may be sufficient to establish knowledge). … It is well established that the absence of objection constitutes a waiver of the double jeopardy defense. See United States v.

Cheryl Taylor v. US Department of Agriculture

Court of Appeals for the D.C. Circuit · Mar 2, 2011

This he could establish by proving that he lacked an actual, significant nexus with the violating company. … NLRB, 522 U.S. 359, 374 (1998) (“The Administrative Procedure Act . . . establishes a scheme of ‘reasoned decisionmaking.’

Electronic Privacy Information Center v. United States Department of Homeland Security

777 F.3d 518 · Court of Appeals for the D.C. Circuit · Feb 10, 2015

As so described, SOP 303 was created to prevent crime and keep people safe, which qualify as law enforcement purposes. PEER, 740 F.3d at 202-04. … The attacks in London that triggered the establishment of SOP 303 illustrate, as noted, that before-the-fact individual identification is unlikely to be practical.

Energy West Mining Company v. Federal Mine Safety And Health Review Commission

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

Sec. 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 … 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).

Natural Resources Defense Council, Inc. v. U. S. Environmental Protection Agency and Douglas M. Costle, Administrator, U. S. Environmental Protection Agency, City of Skagway, Marina County Water District, City of Wrangell, Alaska, Intervenors. Pacific Legal Foundation, a Nonprofit California Corporation v. Douglas M. Costle, in His Official Capacity as Administrator of the United States Environmental Protection Agency, City of Skagway, a Municipality, and Marina County Water District, a Public Agency v. Douglas M. Costle, in His Official Capacity as Administrator of the United States Environmental Protection Agency, and U. S. Environmental Protection Agency, the Municipality of Anchorage, Alaska v. Douglas M. Costle, in His Official Capacity as Administrator of Environmental Protection Agency, and 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). 23 Congress recognized this change in regulatory approach and provided a 270-day period for applications under the new law. 33 U.S.C. § 1311 (j)(1)(A) … The section does not create an absolute ban on ocean dumping of sludge, for the absolute terms of section 1412a(a) are qualified by the definition of sludge in subsection (b).

Grand Canyon Air Tour Coalition v. Federal Aviation Administration

154 F.3d 455 · Court of Appeals for the D.C. Circuit · Sep 4, 1998

established reporting requirements. … It envisions a regulatory program that is the product of two agencies and clearly divides the institutional responsibilities between them.

Anaheim, Riverside, Banning, Colton, and Azusa, California v. Federal Energy Regulatory Commission, Southern California Edison Company, Intervenor. Southern California Edison Company v. Federal Energy Regulatory Commission, Anza Electric Cooperative, Inc., the Cities of Anaheim, Riverside, Banning, Colton and Azusa, California, Intervenors

669 F.2d 799 · Court of Appeals for the D.C. Circuit · Dec 11, 1981

The burden (is) on such companies to establish the validity and accuracy for each of their cost estimates.' " Village of Chatham v. … Opinion and Order Establishing Just and Reasonable Rates, FERC Docket Nos. ER76-304,-317,-498, July 19, 1979.

Refugee and Immigrant Center for Education and Legal Services v. Markwayne Mullin

Court of Appeals for the D.C. Circuit · Apr 24, 2026

The INA lists categories of otherwise qualified persons who are nevertheless ineligible for asylum. … But the Constitution doesn’t clearly al- locate all foreign affairs powers. Many are missing.

Verizon Telephone Companies v. Federal Communications Commission

453 F.3d 487 · Court of Appeals for the D.C. Circuit · Jun 20, 2006

The Commission, “[h]owever, . . . recognize[d] that this issue was neither expressly discussed in  8 the LEC price cap orders nor clearly addressed in [its] Rules.” Id. at 4415 ¶ 4. … The Communications Act does not contemplate that any choices the LECs make will be immunized from § 204(a)(1) and deemed “just and reasonable” absent explicit guidance to the contrary from the FCC.

Taxation With Representation Fund v. Internal Revenue Service

646 F.2d 666 · Court of Appeals for the D.C. Circuit · Mar 12, 1981

Nor does Exemption 5 protect communications that implement an established policy of an agency. Brinton, supra, at 605 . … The District Court’s finding that TMs explain the reasons behind the adoption of final agency action is clearly supported by the record.

Michael Alan Crooker v. Bureau of Alcohol, Tobacco & Firearms

670 F.2d 1051 · Court of Appeals for the D.C. Circuit · Dec 16, 1981

As the Federal Government has extended its activities to solve the Nation’s expanding problems — and particularly in the 20 years since the Administrative Procedure Act was established — the bureaucracy has developed its … life or physical safety of law enforcement personnel; According to the dissent, were the contested contents of the BATF manual to be read or discussed at a meeting covered by the Sunshine Act, such information would not qualify

Lesar v. United States Department of Justice

636 F.2d 472 · Court of Appeals for the D.C. Circuit · Jul 15, 1980

sustained the exemption for these materials, finding that the privacy interest involved outweighed the public interest in disclosure. 82 As a preliminary issue appellant contends that certain of the disputed materials do not qualify … The word “sensitive,” as it is used in the directive, is a term of art; clearly materials containing intelligencé sources and information may be “classified” yet not “sensitive.”

Cause of Action Inst. v. U.S. Dep't of Justice

330 F. Supp. 3d 336 · Court of Appeals for the D.C. Circuit · Sep 13, 2018

It does not establish that the purpose of this communication was legal in nature. … To qualify under this privilege, a record must meet two requirements. First, it must be predecisional - i.e. , "[a]ntecedent to the adoption of an agency policy." Jordan v. DOJ , 591 F.2d 753 , 774 (D.C.

American Maritime Ass'n v. Blumenthal

590 F.2d 1156 · Court of Appeals for the D.C. Circuit · Nov 20, 1978

any other vessel than a vessel built in and documented under the laws of the United States and owned by persons who are citizens of the United States 24 With regard to the Virgin Islands, however, the above language is qualified … The Ports and Waterways Safety Act of 1972, as amended by the Magnuson Amendment, applies broadly and clearly to “[a]ll vessels . . . which are documented under the laws of the United States or enter the navigable waters

International Paper Company v. Federal Energy Regulatory Commission

737 F.2d 1159 · Court of Appeals for the D.C. Circuit · Jun 22, 1984

Long Lake also asserted that petitioner did not possess the requisite property interests to qualify for an exemption. … Instead, 35 [t]he Commission exercised its inherent power in this case to place clearly on Sober's certificate the restriction already imposed by its [prior] order ....