Case law

Natl Mining Assn v. DOL

292 F.3d 849 · Court of Appeals for the D.C. Circuit · Jun 14, 2002

For example, the new s 725.204 describes criteria for determining whether a claimant qualifies for augmented benefits as a miner's spouse. … that ... the meaning of the disputed provisions does not appear clearly until the case is before the courts of appeals.

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.

Ozark Automotive Distributors, Inc. v. National Labor Relations Board

779 F.3d 576 · Court of Appeals for the D.C. Circuit · Feb 10, 2015

“The objected-to Requests,” the union continued, “do not describe with any particularity the evidence whose production is required, and seek documents which clearly do not relate to the discrete issues framed in this case … Establishing that several employees were acting as union agents was, as company counsel argued to the hearing officer, “critical” to the company’s case. See Drukker Commc’ns, Inc. v. NLRB, 700 F.2d 727, 731–34 (D.C.

Northern Natural Gas Company, Division of Internorth, Inc. v. Federal Energy Regulatory Commission, Michigan Power Company, Northern States Power Company, Process Gas Consumers Group, Energy Issues Intervention Office of the Minnesota Department of Public Service, Intervenors. Northern Natural Gas Company, Division of Internorth, Inc. v. Federal Energy Regulatory Commission

827 F.2d 779 · Court of Appeals for the D.C. Circuit · Aug 21, 1987

As is apparent from our description of the facts of that case, and as the quoted language clearly expresses, the in-line price condition was an innovative use of section 7, one made necessary because of the administrative … The majority opinion, by denying the Commission any power under section 7 to break this logjam, immunizes the company from any just reapportionment of its fixed costs, and leaves the Commission powerless, unless it is willing

Braeburn Inc. v. U.S. Food & Drug Admin.

389 F. Supp. 3d 1 · Court of Appeals for the D.C. Circuit · Jul 22, 2019

At the summary judgment stage, the plaintiff may establish standing by affidavit. Id. at 168, 117 S.Ct. 1154 . As Braeburn notes, "the D.C. … Of course, as Braeburn also highlights, "[e]conomic harm to a business clearly constitutes injury-in-fact." Pl.'s Opp'n at 33 (quoting Carpenters Indus. Council v. Zinke , 854 F.3d 1 , 5 (D.C. Cir. 2017) ).

Gordon Reid v. Hugh J. Hurwitz (AMENDED OPINION)

Court of Appeals for the D.C. Circuit · Apr 9, 2019

The short durations of Reid’s SHU placements clearly meet the threshold. … Given the narrow, qualified nature of these regulatory privileges, a large number of deprivations does not plausibly suggest illegal nationwide policies.

Ethyl Corporation v. Environmental Protection Agency, Ppg Industries, Inc. v. Environmental Protection Agency, E. I. Dupont De Nemours & Company v. Environmental Protection Agency, Nalco Chemical Company v. Environmental Protection Agency, National Petroleum Refiners Association v. Environmental Protection Agency

541 F.2d 1 · Court of Appeals for the D.C. Circuit · Jun 14, 1976

Id. 1131. 166 Nonetheless, once again the urban-suburban gradient clearly emerged. … If information is received too late for comment, the agency must at least clearly indicate how the substance of its consideration would be affected. 198 It is regrettable that EPA did not give the same care to clearly setting

Home Box Office, Inc. v. Federal Communications Commission and United States of America, Professional Baseball, Intervenors

567 F.2d 9 · Court of Appeals for the D.C. Circuit · May 20, 1977

Such an allocation problem is clearly not involved in this case. … The no-advertising 98 *50 and 90-percent 99 rules clearly violate O’Brien’s first criterion.

Michigan Citizens for an Independent Press v. Richard Thornburgh, United States Attorney General

868 F.2d 1285 · Court of Appeals for the D.C. Circuit · Jan 27, 1989

Board of Governors, 745 F.2d 677 , 685 (D.C.Cir.1984) 7 Appellants deny that they claim that only a newspaper in a downward spiral may qualify under the statutory test. … Attorney General was reasonable to conclude that this record did not present such a situation 1 The Assistant Attorney General in charge of the Antitrust Division, in recommending that a hearing be held before an ALJ, stated: "Clearly

Save Our Cumberland Mountains, Inc. v. Donald P. Hodel, Secretary of the Interior

857 F.2d 1516 · Court of Appeals for the D.C. Circuit · Sep 16, 1988

Thus, the practitioner outside the large or established firm may either eschew pro bono representation, directing those potential clients of the Laffey or SOCM mold to the established firm or legal aid societies if either … And this economic effect, it seems to me, comes perilously close to creating the windfall that the enablement theory, as elucidated so clearly of late by the High Court, was intended to avoid.

Orengo Caraballo v. Reich

11 F.3d 186 · Court of Appeals for the D.C. Circuit · Dec 10, 1993

REGULATORY BACKGROUND 5 Under the H-2A program, established by the Immigration and Nationality Act, Pub.L. No. 82-414, 66 Stat. 163 (1952), as amended by the Immigration Reform and Control Act of 1986 ("IRCA"), Pub.L. … . 100.2) to approve such a request for alien importation under the H-2A program, the employer must first petition the Secretary of Labor to certify that: 6 (A) there are not sufficient workers who are able, willing, and qualified

Maese v. Hermann

17 D.C. App. 52 · Court of Appeals for the D.C. Circuit · Oct 2, 1900

One of the purposes for which the concession was made was to establish that town, and it was established after the manner and under the laws of Mexico, and has had an actual existence ever since. … At all events, the town having an actual existence, this department will not challenge its capacity to take what Congress clearly intended to give.”

Public Service Commission of the State of New York, v Federal Power Commission, Texas Eastern Transmission Corporation Sun Oil Company, v Federal Power Commission, Texas Eastern Transmission Corporation and Philadelphia Gas Works Division of Ugi Corporation, Intervenors. General Crude Oil Company, v Federal Power Commission, Texas Eastern Transmission Corporation and Philadelphia Gas Works Division of Ugi Corporation, Intervenors. M.H. Marr, v Federal Power Commission, Texas Eastern Transmission Corporation and Philadelphia Gas Works Division of Ugi Corporation, Intervenors. Continental Oil Company, v Federal Power Commission, Texas Eastern Transmission Corporation and Philadelphia Gas Works Division of Ugi Corporation, Intervenors. Texas Eastern Transmission Corporation, v Federal Power Commission, Sun Oil Company, Intervenors

543 F.2d 757 · Court of Appeals for the D.C. Circuit · Aug 27, 1975

Once made, the decision remains the decision of the body, immune from alternation save by another collective effort of that body. … Sec. 717f(e) (1970), and the Commission may qualify the certificate by "such reasonable terms and conditions as the pubic convenience and necessity may require." Id. See FPC v.

United States v. Bennie L. Peterson

483 F.2d 1222 · Court of Appeals for the D.C. Circuit · Nov 5, 1973

that there is no duty to retreat from an assault producing an imminent danger of death or grievous bodily harm. 89 “Detached reflection cannot be demanded in the presence of an uplifted knife,” 90 nor is it “a condition of immunity … Time, place, and conditions may create a situation which would clearly, justify a modification of the rule.

Illinois Public Telecommunications Association v. Federal Communications Commission

117 F.3d 555 · Court of Appeals for the D.C. Circuit · Jul 1, 1997

Non-tariffed assets sold or transferred between a carrier and its affiliate that qualify for prevailing price valuation, as defined in paragraph (d) of this section, shall be recorded at the prevailing price. … In this case, the Commission's affiliate transaction rules as applied to the transfer of payphone assets pursuant to § 276's command to discontinue payphone subsidies clearly falls within the latter category of transactions

Recording Industry Association Of America v. Copyright Royalty Tribunal

662 F.2d 1 · Court of Appeals for the D.C. Circuit · Aug 27, 1981

substantial discretion to determine policy within the framework of the statute, and that the Tribunal's choices in this area are entitled to deference. 28 The copyright owners argue, however, that the legislative history clearly … issue, merely expressing its approval of a rate increase to 21/2 cents, and observing that "the publishers and composers will have the opportunity to present their case to the Copyright Royalty Tribunal, an expert body qualified

BROTH. OF RR SIGNALMEN v. Surface Transp. Bd.

638 F.3d 807 · Court of Appeals for the D.C. Circuit · Mar 29, 2011

Cir. 2008). 2 We are satisfied that the Unions have standing under Article III of the United States Constitution notwithstanding their own failure to  3 clearly articulate the … Thus, the Unions maintain: “What the Board has characterized as a well-established, well-vetted line of precedent is merely the continuous echo of a ruling that was without foundation.” Id. at 42.

National Federation of Federal Employees v. Richard B. Cheney, Secretary of Defense, American Federation of Government Employees, Afl-Cio v. Richard B. Cheney, Secretary of Defense, American Federation of Government Employees, Afl-Cio v. Richard B. Cheney, Secretary of Defense, National Federation of Federal Employees v. Richard B. Cheney, Secretary of Defense, American Federation of Government Employees, Afl-Cio v. Richard B. Cheney, Secretary of Defense, American Federation of Government Employees, Afl-Cio v. Richard B. Cheney, Secretary of Defense

884 F.2d 603 · Court of Appeals for the D.C. Circuit · Aug 29, 1989

, AR 600-85 para. 5-14c (3)(a), and employees who test positive "may be subject to adverse action," identified as reassignment or demotion to a noncritical job, or "if there is no job available for which the employee is qualified … In this case, like Von Raab and Skinner, the government's interests in testing are clearly other than the ordinary need for law enforcement.

Gordon Reid v. Mark S. Inch

914 F.3d 670 · Court of Appeals for the D.C. Circuit · Feb 5, 2019

The short durations of Reid’s SHU placements clearly meet the threshold. … Given the narrow, qualified nature of these regulatory privileges, a large number of deprivations does not plausibly suggest illegal nationwide policies.

Hyser v. Reed

318 F.2d 225 · Court of Appeals for the D.C. Circuit · Apr 11, 1963

Zerbst, 295 U.S. 490, 493 , 55 S.Ct. 818, 819 , 79 L.Ed. 1566 (1935) Justice Cardozo, speaking for the Court, said: “Clearly the end and aim of an appearance before the court must be to enable an accused probationer to explain … a), if it were held to apply, provides only that a person compelled to appear before an agency “shall be accorded the right to be accompanied, represented, and advised by counsel or, if permitted by the agency, by other qualified