Case law

Continental Airlines, Inc. v. U.S. Department of Transportation

856 F.2d 209 · Court of Appeals for the D.C. Circuit · Aug 26, 1988

Second, the Board and all the parties in the Delta case, very clearly characterized the proceeding as a proceeding pursuant to § 401(g) of the Act. … The Act does not establish a deadline for DOT’s decisions respecting proceedings held to finalize conditions attached to mergers. .

In Re Adele Halkin

598 F.2d 176 · Court of Appeals for the D.C. Circuit · Jan 31, 1979

The majority finds that respondents’ showing was insufficient — indeed, that it was so deficient that the District Court clearly abused its discretion in acting upon it. … First, what kind of showing were respondents required to make to establish “good cause” under Rule 26(c)? Second, was the showing actually made by respondents adequate? A.

Inmates of Occoquan, Individually and on Behalf of All Other Persons Similarly Situated v. Marion S. Barry, Mayor, (Two Cases)

844 F.2d 828 · Court of Appeals for the D.C. Circuit · Apr 12, 1988

Defendants now assert their inability to hire or retain qualified professionals. … Clearly, overcrowded housing conditions would cease to be a concern under lower inmate population counts, and noise problems would be severely diminished.

Contemporary Media, Inc. v. Federal Communications Commission

214 F.3d 187 · Court of Appeals for the D.C. Circuit · Jun 16, 2000

Because the policy of considering felonious misconduct was clearly permissible as applied to the licensees, they cannot succeed in their attempt to challenge it on its face. Cf. Romer v. … The FCC revokes a license not to punish a licensee for its conduct, but because that conduct indicates to the Commis- sion that the licensee is no longer qualified to hold it.

Professional Air Traffic Controllers Organization v. Federal Labor Relations Authority

685 F.2d 547 · Court of Appeals for the D.C. Circuit · Jun 11, 1982

Shanker contends, is too tenuous to qualify him as an “interested person” forbidden to make ex parte communications to the Authority Members. … The principle of exclusive representation by the majority union is well established in American labor law, see R.

Utility Air Regulatory Group v. Environmental Protection Agency

744 F.3d 741 · Court of Appeals for the D.C. Circuit · Mar 11, 2014

Once a source category is listed, the Administrator must establish new source performance standards for that category. … We inquire whether Congress has clearly stated that the rule is jurisdictional; absent such a clear statement, we have cautioned, courts should treat the restriction as nonjurisdictional in character.”)

United States v. Johnson

519 F.3d 478 · Court of Appeals for the D.C. Circuit · Mar 11, 2008

When the government has other qualified witnesses to prove its case, we cannot assume that it “would have foolishly charged ahead, blindly offering [the compromised witness] and exposing itself to his inevitable demolition … Hence, the government’s failure to disclose impeachment evidence regarding Franchak was clearly not material to the outcome of Johnson’s Fourth Amendment challenge. Franchak did testify at Johnson’s trial.

Critical Mass Energy Project v. Nuclear Regulatory Commission

830 F.2d 278 · Court of Appeals for the D.C. Circuit · Sep 29, 1987

11 Turning to the "confidential" nature of this information, the precedent that guides us establishes two prime requirements. … The INPO reports clearly fall within the first category.

Students Against Genocide v. Department of State

257 F.3d 828 · Court of Appeals for the D.C. Circuit · Aug 7, 2001

This justification for nondisclosure is sufficiently specific, in light of the substantial weight owed to agency explanations in the context of national security, to qualify for withholding under Exemptions 1 and 3. … It clearly states that the CIA released eleven aerial images, three documents, and three maps in response to SAGE's Category One and Two requests combined, and that any remaining CIA records were withheld as exempt.

Cal. Cmty. Against Toxics v. Envtl. Prot. Agency

934 F.3d 627 · Court of Appeals for the D.C. Circuit · Aug 20, 2019

For major sources, the Act requires EPA to establish stringent emissions caps that result in “the maximum degree of reduction in emissions . . . (including a prohibition on such emissions, where achievable).” … The court explained that the guidance “binds EPA regional directors and thus qualifies as final.” Id.

USA ex rel. Todd Heath v. AT&T, Inc.

Court of Appeals for the D.C. Circuit · Jun 23, 2015

That portion is established by the Commission “on an equitable and nondiscriminatory basis.” 47 U.S.C. § 254(d). … The E-Rate program entitles qualifying schools and libraries to receive Internet and telephone services at discounted rates.

Public Systems v. Federal Energy Regulatory Commission

606 F.2d 973 · Court of Appeals for the D.C. Circuit · Feb 16, 1979

The new order attempted to define the “appropriate factual showings” needed to qualify for CITA. … As a rule directly applicable to ratemaking as soon as it takes effect, Order 530-B clearly would have a “direct and immediate effect” on consumers.

Tallahassee Branch of the Naacp and the National Black Media Coalition v. Federal Communications Commission, Holt-Robinson Television, Inc., Intervenor. Louisiana State Conference of Branches of the Naacp v. Federal Communications Commission, Louisiana Educational Television Authority, Intervenor

870 F.2d 704 · Court of Appeals for the D.C. Circuit · Mar 21, 1989

One of the problems is that most qualified applicants leave the market to pursue larger, more lucrative markets. … In addition, the cases cited by the FCC in its decision are clearly inapposite to the instant case.

Libertarian Nat'l Comm., Inc. v. Fed. Election Comm'n

924 F.3d 533 · Court of Appeals for the D.C. Circuit · May 21, 2019

In Buckley , the Court invalidated a limit on the expenditures that any person could make "relative to a clearly identified candidate." See 424 U.S. at 39 -51 , 96 S.Ct. 612 (quotation marks omitted). … Likewise, Shaber's contribution history did not qualify him for any of the benefits that the LNC affords to its major donors. See id. at 242 .

Climate Investigations Ctr. v. U.S. Dep't of Energy

331 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Sep 19, 2018

The absence of such records does not, however, establish a deficient search. … The persons most qualified to discuss industry competition and the competitive harm that may befall a company are company officials who know the business and the industry.

United States v. Willie George Childress

58 F.3d 693 · Court of Appeals for the D.C. Circuit · Sep 13, 1995

Variance in Conspiracy Trials A defendant can establish a variance by showing that the evidence established multiple conspiracies rather than the single conspiracy charged in the indictment. … The Supreme Court has made it clear, however, that the right to counsel of choice is qualified in several important respects.

Public Citizen v. Frank Burke, Acting Archivist, National Archives & Records Administration, Richard M. Nixon. Public Citizen v. Frank Burke, Acting Archivist, National Archives & Records Administration Appeal of Richard M. Nixon

843 F.2d 1473 · Court of Appeals for the D.C. Circuit · Apr 12, 1988

Executive Branch, we do not see how the incumbent President's responsibility to take care that the laws be faithfully executed can properly be transferred to the Judiciary. 8 14 The Archivist may well not be particularly qualified … Clearly in Freeman we saw no constitutional anomaly in the prospect of the Archivist rejecting a challenge by Mr. Nixon based on executive privilege.

American Trucking Associations, Inc. v. United States Environmental Protection Agency, Commonwealth of Massachusetts, Intervenors. American Trucking Associations, Inc. v. United States Environmental Protection Agency, Commonwealth of Massachusetts, Intervenors

175 F.3d 1027 · Court of Appeals for the D.C. Circuit · May 14, 1999

For example, it has employed commonly used clinical criteria to determine what qualifies as an adverse health effect. … The text of § 181(a) clearly encompasses nonattainment designations made under all subsections of § 107(d).

Delta Air Lines, Inc. v. Civil Aeronautics Board, , Western Air Lines, Inc., Northwest Airlines, Inc., Pan American World Airways, Inc., Intervenors. Pan American World Airways, Inc. v. Civil Aeronautics Board, Western Air Lines, Inc., Northwest Airlines, Inc., Intervenors. National Airlines, Inc. v. Civil Aeronautics Board, Western Air Lines, Inc., Pan American World Airways, Inc., Northwest Airlines, Inc., Intervenors. American Airlines, Inc. v. Civil Aeronautics Board, Pan American World Airways, Inc., Western Air Lines, Inc., Intervenors

561 F.2d 293 · Court of Appeals for the D.C. Circuit · Aug 2, 1977

measures. 41 Fed.Reg. at 56671 (footnote omitted) 13 In its brief to this court, submitted several months before publication of the proposed regulations, National flirted with the argument that the Board, since it had not yet established … The precise facts in Northeast are a bit murky, but the basic point is clearly the same.

Abdelfattah v. United States Department of Homeland Security

787 F.3d 524 · Court of Appeals for the D.C. Circuit · May 15, 2015

We clearly stated in Chastain that expungement is a remedy that may be available to vindicate statutory or constitutional rights. … To qualify as a consumer report under FCRA, information must satisfy two elements.