Case law

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).

Environmental Defense Fund v. FERC

2 F.4th 953 · Court of Appeals for the D.C. Circuit · Jun 22, 2021

At oral argument, Steck’s counsel was unable to identify any authority that would allow mere incidental viewership of something unappealing to qualify as an injury-in-fact for standing purposes. See Oral Arg. … EDF’s Standing EDF clearly has standing to pursue its claims.

United States v. Gerald A. Wilson

471 F.2d 1072 · Court of Appeals for the D.C. Circuit · Feb 26, 1973

After hearing this testimony, the court returned a verdict of guilty on the grounds that the government had “established beyond a reasonable doubt that there is no causal relation between the Defendant’s mental illness and … Wilson possesses would result in a virtually meaningless distinction between those who qualify for a regular institution and those who have been certified.

United States v. Charles T. Maude

481 F.2d 1062 · Court of Appeals for the D.C. Circuit · May 24, 1973

As appears vividly from the undisputed evidence, the all-purpose stamp, which qualifies as a postmarking stamp, 91 does service in other postal operations as well, including the validation *1075 of postal money orders. 92 … And the evidence clearly supported the inference that appellant and Bryant had in mind the false validation of postal money orders.

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.

United States Telecom Association v. Federal Communications Commission and United States of America, Bell Atlantic Telephone Companies, Intervenors. United States Telecom Association v. Federal Communications Commission and United States of America, At&t Corporation, Intervenors

290 F.3d 415 · Court of Appeals for the D.C. Circuit · May 24, 2002

The Commission argues that § 251(d)(2), directing it to consider necessity and impairment "at a minimum," clearly allows it to consider other elements. We assume in favor of the Commission that is so. … convincing. 61 Finally, petitioners attack the Commission's pricing rule, which limited an ILEC's charges for access to the high frequency portion of the loop to the value the ILEC "allocated to [asymmetric] DSL services when it established

Atlantic Richfield Company, Maryland Tankers, Inc. v. United States of America Atlantic Richfield Company Maryland Tankers, Inc. v. United States of America

774 F.2d 1193 · Court of Appeals for the D.C. Circuit · Oct 11, 1985

As such, the MarAd approvals are clearly licenses. See Blackwell College of Business v. … vessels have been long regarded as vessels built in the United States for purposes of section 27 of the Merchant Marine Act, 36 Op.Atty.Gen. 302, 309-11 (1930), and hence MarAd did not err in considering these vessels as qualifying

Airmark Corporation v. Federal Aviation Administration, Transamerica Airlines, Inc., Delta Air Lines, Inc., American Airlines, Inc., Intervenors. Carefree Vacations, Inc. And Worldwide Airlines, Inc. v. Federal Aviation Administration, Transamerica Airlines, Inc., Delta Air Lines, Inc., American Airlines, Inc., the Flying Tiger Line, Inc., National Airlines, Inc. And Air Transport International, Inc., Intervenors. Tradewinds Airways, Ltd. v. Department of Transportation and Federal Aviation Administration, Transamerica Airlines, Inc., Delta Air Lines, Inc., American Airlines, Inc., the Flying Tiger Line, Inc., Intervenors

758 F.2d 685 · Court of Appeals for the D.C. Circuit · Mar 29, 1985

If the FAA had consistently applied the Aeroservicios Ecuatorianos precedent, perhaps no applicant would ever have qualified for an exemption. The Aeroservicios order can be distinguished on other grounds. … The FAA may, however, establish different time periods for "good cause." Id

John Mallick v. International Brotherhood of Electrical Workers

749 F.2d 771 · Court of Appeals for the D.C. Circuit · Nov 27, 1984

Mallick argues that subsection 201(c) grants union members a general right of access to records underlying the LM-2 reports, qualified only by the requirement that they show “just cause.” … By such disclosure, and by relying on voluntary action by members of labor organizations, it is hoped that a deterrent to abuses will be established.

Wade v. Dist. of Columbia

322 F. Supp. 3d 123 · Court of Appeals for the D.C. Circuit · Aug 22, 2018

Rowley , 458 U.S. 176 , 181, 102 S.Ct. 3034 , 73 L.Ed.2d 690 (1982) (To qualify under IDEA, states must have in effect "a policy that assures all handicapped children the right to a 'free appropriate public education,' which … His needs for both were clearly stated. 3/17/15 IEP, AR at 101-18 (J.W.

Physicians National House Staff Association v. John H. Fanning

642 F.2d 492 · Court of Appeals for the D.C. Circuit · Feb 23, 1981

Thus in order to qualify for the Leedom v. … The Act clearly directs that employees receive the protections it provides. In Miami Newspaper Printing Pressmen's Union Local 46 v. McCulloch, 322 F.2d 993 (D.C.

Anonymous v. Henry A. Kissinger, Secretary, United States Department of State

499 F.2d 1097 · Court of Appeals for the D.C. Circuit · Jul 5, 1974

In so viewing the matter, however, we do not decide that appellant was not qualified for continued employment. … The request of the agency was clearly within its power and the circumstances required it to request such additional investigation and information.

Quick v. Educap, Inc.

318 F. Supp. 3d 121 · Court of Appeals for the D.C. Circuit · Jul 12, 2018

At the pleading stage, the plaintiff "must clearly ... allege facts demonstrating" each element. *136 Spokeo, Inc. v. … Cir. 2015), but not every alleged fraud qualifies.

National Ass'n of Manufacturers v. Taylor

582 F.3d 1 · Court of Appeals for the D.C. Circuit · Sep 8, 2009

Whatever the test is called, the Court has clearly described what the test is. Just two Terms ago, in Davis v. … Instead, appellants primarily rely on the clearly articulated fears of individuals, well experienced in the political process.

United States v. Joseph Coleman

420 F.2d 1313 · Court of Appeals for the D.C. Circuit · Jul 11, 1969

imprisonment for a maximum term of 12 years. 4 The principal argument on appeal, and the only contention meriting discussion, 7 is that the court misapplied our Luck 8 doctrine in ruling on appellant's request for testimonial immunity … that appellant should not benefit from an application of Luck principles because appellant's trial counsel made no representation as to what appellant's testimony would be, or as to the unavailability of other witnesses to establish

Radio TV News Dir v. FCC

229 F.3d 269 · Court of Appeals for the D.C. Circuit · Aug 3, 1999

[o]ppos- es a legally qualified candidate[,] ... the licensee shall, with[in] 24 hours after the editorial, transmit to [the endorsed or opposed candidate] ... … Here, the policy under review is clearly discernable and operates of its own force until repealed. Moreover, the remedy in Oil, Chemical & Atomic Workers was a remand to establish a consensus, not de novo review.

Mesa Air Group, Inc. v. Department Of Transportation

87 F.3d 498 · Court of Appeals for the D.C. Circuit · Jul 2, 1996

The orders establishing the subsidies are contracts, not departmental regulations. … But Congress has clearly indicated its intent to provide protection to the subsidized air carriers as well by making the subsidy agreements contractual obligations of the government.

Organic Trade Ass'n v. U.S. Dep't of Agric.

370 F. Supp. 3d 98 · Court of Appeals for the D.C. Circuit · Feb 27, 2019

"A 'theoretical possibility' is not sufficient to qualify as 'capable of repetition'; there must instead be a 'reasonable expectation' or 'demonstrated probability' that the action will recur." Id. … The language in §§ 6517 and 6506 shows that Congress clearly knew how to compel consultation and involve the Board more closely in the promulgation of regulations.

Presidential Bank, FSB v. 1733 27th St. SE LLC

318 F. Supp. 3d 61 · Court of Appeals for the D.C. Circuit · Jul 9, 2018

Here, the parties are clearly the same: Presidential Bank, Mr. Green, and six of his LLCs. See Compl. at 1; Md. Op. at 1. … "Parties, at least in situations where summary procedure is clearly to be desired, may in advance contract to waive a trial by jury." Rodenbur v. Kaufmann , 320 F.2d 679 , 684 (D.C. Cir. 1963).

United States v. Kevin L. Montgomery

561 F.2d 875 · Court of Appeals for the D.C. Circuit · May 26, 1977

The exercise of the police power to stop motorists for such surveillance purposes is clearly contrary to the spirit of the Fourth Amendment. … It continues at p. 10: Vehicle spot check authority is a valuable tool in assuring that only properly licensed and qualified persons operate motor vehicles on District of Columbia streets.