Case law

Business Roundtable v. Securities & Exchange Commission

647 F.3d 1144 · Court of Appeals for the D.C. Circuit · Jul 22, 2011

In any event, the final estimated frequency (51) with which shareholders will use Rule 14a-11 does not clearly conflict with the higher estimate in the Proposing Release (269), or the estimate of proposals under Rule 14a- … See id. at 56,761/1 (anticipating “beneficial effects” * The Commission simultaneously amended Rule 14a-8 to prevent companies from excluding from their proxy materials shareholder proposals to establish a procedure for

Puerto Rico Maritime Shipping Authority v. Federal Maritime Commission and United States of America, Trailer Marine Transport Corporation, Government of the United States Virgin Islands, Drug and Toilet Preparation Traffic Association, Inc., Intervenors. Government of the Virgin Islands and Puerto Rico Manufacturers Association v. Federal Maritime Commission and United States of America, Sea-Land Services, Inc., Puerto Rico Maritime Shipping Authority, Trailer Marine Transport Corporation, Intervenors

678 F.2d 327 · Court of Appeals for the D.C. Circuit · May 14, 1982

The first step establishes that PRMSA's price for fuel and ARAD prices have correlated in the past, and the last step establishes that the forecasted PRMSA prices are correlated with DRI's ARAD forecast for the future period … First, PRMSA argues that its estimate was clearly reasonable when first submitted to the agency.

In re Yelverton

477 B.R. 282 · Court of Appeals for the D.C. Circuit · Aug 8, 2012

Senyi and the debtor never clearly articulated an argument that Senyi had an ownership interest in the debtor’s shares in Yelverton Farms, Ltd. … These communications, together with the debtor’s motion to vacate, establish an apparent scheme to deprive the bankruptcy estate of 50% of the debtor’s shares in Yelverton Farm, Ltd. by having a consent judgment vest that

William Jordan v. United States Department of Justice

591 F.2d 753 · Court of Appeals for the D.C. Circuit · Oct 31, 1978

However, they clearly fall within the scope of (a)(3). … Taylor, 86 the Supreme Court announced that the “work product” of attorneys enjoys a qualified privilege from discovery.

King Soopers, Inc. v. National Labor Relations Board

859 F.3d 23 · Court of Appeals for the D.C. Circuit · Jun 9, 2017

The ALJ clearly explained her decisions to credit and discredit the testimony of various witnesses. … As the Board explained, the General Counsel continues to bear the burden of establishing that an employee’s search-for-work and work-related expenses are reasonable. Id. at 8.

Chemical Manufacturers Ass'n v. United States Environmental Protection Agency

919 F.2d 158 · Court of Appeals for the D.C. Circuit · Nov 16, 1990

. § 6924 (a), the EPA is required to “promulgate regulations establishing such performance standards [for hazardous waste facilities] as may be necessary to protect human health and the environment.” … As I understand one provision in the committee’s amendment, a surface impoundment which does not qualify to continue to receive or store hazardous waste after 4 years after enactment may, however, receive nonhazardous waste

United States v. Celis

608 F.3d 818 · Court of Appeals for the D.C. Circuit · Jun 18, 2010

The district court did not clearly err here. In United States v. … The district court also did not clearly err by concluding that the conspiracy remained intact at the time of Giraldo’s statements.

United States v. Western Electric Co.

900 F.2d 283 · Court of Appeals for the D.C. Circuit · Apr 3, 1990

that the BOCs could impede competition by way of illegal (and perhaps criminal) collusion to divide markets among them according to territory, see 673 F.Supp. at 558 , would, in the absence of supporting evidence, seem to qualify … "Exchange areas” are geographic areas of jurisdiction established by the BOCs according to criteria set out in the decree.

Engineers Public Service Co. v. Securities & Exchange Commission

138 F.2d 936 · Court of Appeals for the D.C. Circuit · Nov 22, 1943

Thus, Savannah Electric & Power Company qualifies under paragraph (B) because it is located in Georgia, and Virginia Electric and Power Company is located in Virginia and in North Carolina, that adjoins Georgia. … It does not follow that the petitioner is deprived of the well established right to test the constitutionality of the statute by showing that it is completely lacking in factual basis.

Lashawn A. v. Marion S. Barry, Jr.

87 F.3d 1389 · Court of Appeals for the D.C. Circuit · Jul 9, 1996

By deciding Pennhurst II on Eleventh Amendment sovereign immunity grounds, the Supreme Court put paid to the prospect of federal courts being used in that fashion against a state. … The Supreme Court has held that "where two distinct grounds in support of a single cause of action are alleged, one only of which presents a federal question ... the federal court, even though the federal ground be not established

Earnest Durant v. District of Columbia Government

Court of Appeals for the D.C. Circuit · Nov 17, 2017

The letter alleged that the Department retaliated against him by failing to notify him of  7 job vacancies and giving preferential hiring treatment to other, less qualified Department employees … However, the Supreme Court in Celotex clearly said:  14 [W]e do not think the Adickes language . . .

Armour and Company v. Orville L. Freeman, Secretary of Agriculture

304 F.2d 404 · Court of Appeals for the D.C. Circuit · Jun 11, 1962

We said, inter alia: 24 " On consideration of the papers before us, we think it was clearly error to deny Armour's motion for a preliminary injunction. … preliminary injunction, this court, without any judicial investigation of the facts, decided that the name `sausage' could be deprived of its false and deceptive character, when applied to plaintiff's product, by the use of qualifying

Oscar Salazar v. DC

Court of Appeals for the D.C. Circuit · Feb 8, 2011

.2d 601, 610 (7th Cir. 1986) (describing timeliness for motion brought pursuant to Rule 60(b)(1) and 60(b)(6)) (quoting Ashford, 657 F.2d at 1055); Matter of Emergency Beacon Corp., 666 F.2d 754, 760 (2d Cir. 1981) (“What qualifies … to stating that the District government had “submitted no  16 reasons for the delay in bringing th[e] motion” and that a “motion brought over 20 months after entry of the Dental Order is clearly

North Carolina v. Environmental Protection Agency

531 F.3d 896 · Court of Appeals for the D.C. Circuit · Jul 11, 2008

It also provides that certain exempt units—“qualifying small power production facilities” and “qualifying cogeneration facilities,” defined in 16  7 U.S.C. § 796(17)(C), (18)(B) (delegating … However, the record establishes that EPA appropriately included all of the State in CAIR.

Independent Bankers Ass'n v. Board of Governors of Federal Reserve System

516 F.2d 1206 · Court of Appeals for the D.C. Circuit · Jul 31, 1975

guidelines by regulation rather than proceed on a case-by-case basis. 29 That a particular holding company application complies with the “closely related” requirement of section 4(c)(8), however, by no means automatically qualifies … Clearly, such information would be material to the Board’s decision on the questions of “undue concentration” and “decreased competition.” 86 The fact that the Board was already in the possession of some facts about C & S

Greater Boston Television Corporation v. Federal Communications Commission, Whdh, Inc., a Massachusetts Corporation, Intervenor. Whdh, Inc. v. Federal Communications Commission, Greater Boston Television Corporation, a Massachusetts Corporation, Intervenor. Charles River Civic Television, Inc. v. Federal Communications Commission, Whdh, Inc., Boston Broadcasters Inc., Intervenors. Whdh, Inc. v. Federal Communications Commission, Boston Broadcasters, Inc., Intervenor. Greater Boston Tv Co., Inc. v. Federal Communications Commission, Whdh, Inc., Boston Broadcasters Inc., Intervenors

463 F.2d 268 · Court of Appeals for the D.C. Circuit · Dec 29, 1971

Our researches disclose nothing pertinent in the legislative history to qualify the impact of these words. … The significance of this death was established by the fact that, as our opinion noted, the FCC had found the appellant firm the better qualified applicant--save for the demerit of the fact that the partners, McNutt and Fleming

City of Los Angeles v. National Highway Traffic Safety Administration

912 F.2d 478 · Court of Appeals for the D.C. Circuit · Aug 24, 1990

Finally, the environmental injury-in-fact of which the polities complain is clearly within the zone of interests that the Congress intended to regulate in enacting the NEPA. … Clearly, NRDC has done more than shout “global warming.”

Illinois Commerce Commission v. Interstate Commerce Commission

879 F.2d 917 · Court of Appeals for the D.C. Circuit · Oct 12, 1989

Congress' express placement of ratemaking terms at the beginning of the phrase[ ], indicates its intent that the general terms at the end of the phrase are qualified by the term "intrastate rates.") … [switching] service [on an industrial siding] not be discontinued without notice and hearing was clearly within the police power of the State"); Railroad Comm'n of California v. Southern Pac.

Pub. Citizen, Inc. v. Trump

361 F. Supp. 3d 60 · Court of Appeals for the D.C. Circuit · Feb 8, 2019

Covered deregulatory actions, in contrast, need not qualify as "significant" and thus take a "wide[r] range" of forms than regulatory actions. Final Guidance, Q & A 4. Second, unlike prior executive orders, cf. Exec. … May 23, 2014). 12 Based on the comments received in response to that notice, the Department issued a supplemental notice on January 19, 2017, proposing to "require air carriers, foreign air carriers, and ticket agents to clearly

Groundfish Forum v. Ross

375 F. Supp. 3d 72 · Court of Appeals for the D.C. Circuit · Mar 21, 2019

Under the groundfish FMP, the Service regulates fishing for Pacific cod in the region by establishing yearly harvest limitations. … They insist that the Service may only regulate conduct that qualifies as "fishing" under the MSA, but A113, they contend, exceeded that authority by regulating onshore processing activities.