Case law

Nuclear Information Resource Service v. Nuclear Regulatory Commission

969 F.2d 1169 · Court of Appeals for the D.C. Circuit · Jul 17, 1992

In Chevron jurisprudence, this qualifies as a “Chevron /” case, where Congress has spoken to the precise issue. See Chevron U.S.A., Inc. v. … I submit this “hypothetical” poses the real issue in this case and that the congressional supporters of §§ 185 and 189(a) clearly never approved or even envisioned such a scenario.

Process Gas Consumers Group v. U. S. Department of Agriculture

694 F.2d 728 · Court of Appeals for the D.C. Circuit · Jul 29, 1981

governing its *197 earlier direct sales program. 64 Some had suggested that a two-year commitment provided insufficient incentive to the development or opening of new sources of gas supply for those customers who might qualify … Congress clearly intended that implementation of section 401(a) should be given precedence if similarly expeditious implementation of sections 401(b) and 402 was not possible.

Lionel James Casey v. Department of State

980 F.2d 1472 · Court of Appeals for the D.C. Circuit · Dec 18, 1992

He simply wants the district court to enjoin the United States government's prosecution of the extradition. 10 The difficulty with Casey's argument is that in order to establish Article III standing in the district court … Pachtman, 424 U.S. 409, 426-27 , 96 S.Ct. 984, 993 , 47 L.Ed.2d 128 (1976), in which Supreme Court held that prosecutors enjoy absolute immunity from damage claims arising from initiation and presentation of government's

Libertarian National Committee v. FEC

Court of Appeals for the D.C. Circuit · May 21, 2019

If that is the test, then FECA’s contribution limit as applied to Shaber’s bequest clearly passes. … But not all donations qualified as contributions.

Zivotofsky Ex Rel. Ari Z. v. Secretary of State

725 F.3d 197 · Court of Appeals for the D.C. Circuit · Jul 23, 2013

United States, 304 U.S. 126, 137 (1938); (2) assert the sovereign immunity defense in a United States court, see Nat’l City Bank v. … In fact, it clearly does.

James McCoy (Yazoo) Smith v. Pro Football, Inc., a Maryland Corporation, A/K/A Washington Redskins and the National Football League, (Two Cases)

593 F.2d 1173 · Court of Appeals for the D.C. Circuit · Feb 1, 1979

Since the first college football player draft was held in 1936, the results sought to be accomplished have clearly been achieved. … Fischer was a proven player and was qualified at a more difficult position to play. His total pass interceptions in the league was very impressive as would befit an All-Pro at cornerback.

Independent Cosmetic Manufacturers & Distributors, Inc. v. United States Department of Health, Education & Welfare

574 F.2d 553 · Court of Appeals for the D.C. Circuit · Feb 13, 1978

Second, the Commissioner added a fifth subsection to his original proposal which invited petitions from interested parties to establish specific uniform names for cosmetic ingredients. … I suggest that the answer to this is clearly no. As stated in this court’s opinion in Mobil Oil v.

Pearson, Durk v. FDA

172 F.3d 72 · Court of Appeals for the D.C. Circuit · Jan 15, 1999

Fried- man is thus not at odds with the relevant First Amendment principles established in Bates, which in any event the Su- preme Court has reaffirmed--post-Friedman--in R.M.J., Shapero, and Peel. … But the Supreme Court express- ly disapproved of that aspect of Posadas in 44 Liquormart, 517 U.S. at 509-10 (plurality) ("Posadas clearly erred in concluding it was 'up to the legislature' to choose suppression over a

Bethel v. Jefferson

589 F.2d 631 · Court of Appeals for the D.C. Circuit · Nov 9, 1978

discrimination,” 68 and resultantly that resort to technicalities to foreclose recourse to administrative or judicial processes is “particularly inappropriate.” 69 Appellee argues, however, that “since the 1972 amendments clearly … that federal agencies could permissibly extinguish rights of the many federal employees utilizing Section 717 simply by creating procedural labyrinths. 84 On the *121 other hand, it must be remembered that Section 717 “establish

Djamel Ameziane v. Barack Obama

Court of Appeals for the D.C. Circuit · Oct 5, 2012

The Executive Order also established the Guantanamo Review Task Force (Task Force) and mandated immediate review of all detainees to “determine, on a rolling basis and as promptly as possible . . . whether it is possible … There remains one key document that, if unsealed, would clearly constitute an official acknowledgement of Ameziane’s cleared status: the district court order itself.

United States v. Nicholas J. Mangieri, Jr.

694 F.2d 1270 · Court of Appeals for the D.C. Circuit · Nov 23, 1982

Statham also thought that appellant’s previous experience did not qualify him to serve as an investigator. … Clearly the allegation of perjury was based on materials available before or during the selective prosecution hearing, not evidence discovered since.

National Ass'n of Regulatory Utility Commissioners v. Federal Communications Commission

737 F.2d 1095 · Court of Appeals for the D.C. Circuit · Jun 12, 1984

The FCC sufficiently established the existence of bypass as a real market force. … California reasons that just as connecting carriers are exempt from the tariff-filing requirement of § 203, they should be immune from Commission power under § 205. California Brief at 12.

Hawaii Government Employees Association v. Martoche

915 F.2d 718 · Court of Appeals for the D.C. Circuit · Oct 2, 1990

were filled by popular election. 103 "Plainly," the Court said, "commissioners who are beholden to an elected public official for their appointment, and are subject to removal procedures applicable to all public officials, qualify … an entity is a political subdivision differed materially from the Secretary's. 107 There the question was whether the Board had honored its own test; here the issue is whether the Secretary reached a factual conclusion clearly

United States Office of Personnel Management v. Federal Labor Relations Authority, American Federation of Government Employees, Afl-Cio, Local 32, Intervenor. United States Nuclear Regulatory Commission v. Federal Labor Relations Authority, National Treasury Employees Union, Intervenor

905 F.2d 430 · Court of Appeals for the D.C. Circuit · Jun 15, 1990

In such circumstances, an employee holding the affected position may be able to prevail over less senior or less qualified employees who hold different positions but are within the same competitive area. 4 AFGE, Local 32 … "If there is an appeal from the judgment entered after remand, the decision on the first appeal establishes the law of the case to be followed on the second." 1B J.W.

State of California Acting by and Through Governor Edmund G. Brown, Jr., the California Coastal Commission, the California Air Resources Board, the California Resources Agency, and the California Department of Conservation v. James G. Watt, Secretary of the Interior and the United States Department of the Interior, American Petroleum Institute, Intervenors. State of Alaska v. James G. Watt, Secretary of the U.S. Department of the Interior, United States Department of the Interior, American Petroleum Institute, Intervenors. Natural Resources Defense Council, Inc., Sierra Club, Conservation Law Foundation of New England, Inc., and Friends of the Earth v. James G. Watt, Secretary of the Interior, and the United States Department of the Interior, American Petroleum Institute, Intervenors. North Slope Borough, Jacob Adams, Mayor of the North Slope Borough, and Lloyd Ahvakana v. James G. Watt, Secretary of the Interior and the United States Department of the Interior, American Petroleum Institute, Intervenors

668 F.2d 1290 · Court of Appeals for the D.C. Circuit · Oct 6, 1981

Section 18 establishes a decision-making process quite similar to informal rulemaking under the Administrative Procedure Act. … We also conclude that the Secretary must base the leasing program upon the result of his consideration of these factors. 80 The legislative history of section 18 speaks quite clearly to both these points.

Panhandle Eastern Pipe Line Company v. Federal Energy Regulatory Commission, Union Electric Co., Intervenors

881 F.2d 1101 · Court of Appeals for the D.C. Circuit · Oct 6, 1989

. § 717f, grants FERC the power to issue “certificate[s] of public convenience and necessity” authorizing qualified companies to transport and sell natural gas. … Second, Quantum asserts that a settlement document must clearly express the parties’ intent to waive their section 5 rights by establishing an exact effective date for ratemaking changes.

Covad Communications Co. v. Federal Communications Commission

450 F.3d 528 · Court of Appeals for the D.C. Circuit · Jun 16, 2006

This analysis clearly bears some “relationship to the underlying  24 regulatory problem.” … This explanation easily qualifies as “rational,” “reasonable,” and “non-arbitrary.” Even if the FCC explained its standard, the CLECs argue, that standard is nonetheless divorced from economic reality.

United Steelworkers Of America, Afl-Cio-Clc v. F. Ray Marshall

647 F.2d 1189 · Court of Appeals for the D.C. Circuit · Jan 30, 1981

The judicial history at least establishes clearly that there are two types of feasibility technological and economic. American Iron & Steel Institute v. … Moreover, the Preamble significantly, if ambiguously, qualifies the "violation" language of Section 1910.1025(e)(1) by stating that failure to meet the implementation schedule without relying on respirators will establish

Prohibition Juice Co. v. FDA

45 F.4th 8 · Court of Appeals for the D.C. Circuit · Jul 26, 2022

As examples, the manufacturers highlighted their use of age-verification “gating” on their websites (accepting any qualifying birthdate) and “dull, less vibrant colors” without “mascots and similar characters” on their labeling … When an asserted error clearly did not affect the outcome, applying Chenery and its progeny “would not advance the purpose they were intended to serve.” Id.

BP W Coast Prod v. FERC

Court of Appeals for the D.C. Circuit · Jul 20, 2004

These ‘‘grandfathered’’ rates are categorically immune from challenge in a complaint proceeding under Section 13 of the Interstate Commerce Act (‘‘ICA’’), 49 U.S.C. app. § 13(1) (1988) (repealed),1 except when: (1) … established.