Case law

Communications Satellite Corporation v. Federal Communications Commission

611 F.2d 883 · Court of Appeals for the D.C. Circuit · Oct 14, 1977

This has been in keeping with the Supreme Court's governing rule established in Hope Natural Gas as detailed above. … COMSAT's brief to this court states the matter most clearly: 66 The Commission's justification for requiring Comsat to use the prime rate is simply wrong.

United States v. David H. Moore

613 F.2d 1029 · Court of Appeals for the D.C. Circuit · Jan 2, 1980

On several occasions defense counsel clearly indicated that Moore did not intend to dispute the factual elements of the crime — falsity and knowledge. 37 Moore expressly waived his right to trial by jury, and the case was … Ill The statute under which the Government proceeded offers perjurers a qualified opportunity to recant, and thereby to avoid prosecution and punishment.

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.

Mabel A. King v. James F. Palmer, Director, D.C. Department of Corrections Mabel A. King v. James F. Palmer, Director, D.C. Department of Corrections

906 F.2d 762 · Court of Appeals for the D.C. Circuit · Sep 12, 1990

II"). 8 The district court considered the request for risk enhancement under the standards established by Justice O'Connor's tie-breaking concurrence in Delaware Valley. … I write separately to explain why I regard the selection of a risk enhancement figure as in reality a policy choice, one which we as courts are not qualified to make but are required to by controlling precedent.

Democratic National Committee v. Federal Communications Commission

717 F.2d 1471 · Court of Appeals for the D.C. Circuit · Sep 27, 1983

But the fairness doctrine is distinct from the statutory requirement of the Communications Act that equal time be allotted to all qualified candidates for public office. See 47 U.S.C. Sec. 315 (a) (1976). … However, neither the Commission nor the courts have established petitioners' belief as law.

Advoc Hwy Auto Sfty v. FMCSA

429 F.3d 1136 · Court of Appeals for the D.C. Circuit · Dec 2, 2005

To qualify as adequate under PTDIA standards, a truck driver training program must provide 147.5 hours of instruction including 44 hours of combined street and range time. Id. at 10, J.A. 75. … Quite clearly, the four topics it embraces do not touch on the operational skills of driving a heavy truck.

United States v. MacIo Singleton

702 F.2d 1159 · Court of Appeals for the D.C. Circuit · Mar 15, 1983

However, the fact that showup identifications are inherently suggestive does not immunize all such identifications. … See, e.g., 449 U.S. at 134 , 101 S.Ct. at 436 (“This Court’s decisions in the sentencing area clearly establish that a sentence does not have the qualities of constitutional finality that attend an acquittal.”); id. at 133

Environmental Defense Fund v. Environmental Protection Agency, the Electronic Industries Association's Ad Hoc Pcb Committee and Westinghouse Electric Corp. v. Environmental Protection Agency, Bass Anglers Sportsman Society of America v. Douglas M. Costle, Administrator, United States Environmental Protection Agency

598 F.2d 62 · Court of Appeals for the D.C. Circuit · Dec 14, 1978

A careful medical history will almost invariably establish such a relationship." … This phase-out is limited by the EPA Administrator's discretionary authority to grant temporary conditional exemptions for petitioners who qualify to his satisfaction under two tests.

American Gas Association v. Federal Energy Regulatory Commission, the Independent Oil & Gas Association, Intervenors

888 F.2d 136 · Court of Appeals for the D.C. Circuit · Jan 5, 1990

Section 7 Authority. 120 The Commission has clearly failed to support its authority to apply the crediting mechanism to contracts governed by the NGA. … FERC Brief at 36 n. 26. 128 The Commission's point seems to be that if crediting is consistent with open access as established by regulation, then it is equally consistent with open access as established by statute.

American Institute of Certifi v. IRS

Court of Appeals for the D.C. Circuit · Aug 14, 2018

The AICPA argues the agency failed to cite any statutory authority for establishing the Program, so the APA is the relevant statute here. This is clearly wrong. … The PTO’s guidance described “criteria that are generally sufficient to show technical competence qualifying an individual to sit for the examination.” Premysler, 71 F.3d at 388 (emphasis added).

State ex rel. Brown v. Watt

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. … The legislative history of section 18 speaks quite clearly to both these points.

Industrial Union Department, Afl-Cio v. Dr. Eula Bingham, Assistant Secretary of Labor, the American Petroleum Institute, the National Petroleum Refiners Association on Behalf of Their Respective Members and American Petrofina, Incorporated v. Occupational Safety and Health Administration, United States Department of Labor, Dr. Eula Bingham, Assistant Secretary of Labor, and Ray Marshall, Secretary of Labor, Manufacturing Chemists Association, American Iron and Steel Institute, Independent Petroleum Association of America, Industrial Union Dept., Afl-Cio and United Rubber Workers, Afl-Cio, Intervenors

570 F.2d 965 · Court of Appeals for the D.C. Circuit · Dec 7, 1977

Such a petition cannot qualify as "first instituted" within the meaning of 28 U.S.C. § 2112 (a), as that section is designed to solve forum disputes as between courts having jurisdiction over the order. 8 39 Whether the Unions … indicates a legislative intent to establish a definite time frame within which a defined class, "(a)ny person who may be adversely affected by a standard", may seek judicial review.

Public Utility Commission v. Federal Communications Commission

886 F.2d 1325 · Court of Appeals for the D.C. Circuit · Sep 22, 1989

If a carrier’s mere showing that some losses would be sustained from a decision to interconnect to another public switched network could qualify as public detriment, “then carriers would be able to prevent almost any customer … while directed at the locally tariffed offerings of Southwestern Bell, would necessarily preclude ARCO’s ability to interconnect at the location in question for the purpose of interstate communications____ [T]he Commission clearly

PHH Corporation v. CFPB

Court of Appeals for the D.C. Circuit · Oct 11, 2016

It can be harder to find five highly qualified commissioners than just one highly qualified commissioner. … Although waiver of an Article III structural challenge “cannot be dispositive,” Commodity 4 I do not suggest that the Bureau is immune from challenge.

United States v. Ralph Johnson

561 F.2d 832 · Court of Appeals for the D.C. Circuit · Jun 20, 1977

"At the time of the raid the narcotics were under a rug and under a mattress and hence were clearly not in plain view and subject to seizure . . . " 20 4. … And indeed Blackstone, after developing the crime of common law burglary, notes that "the law of England has so particular and tender a regard to the immunity of a man's house, that it styles it his castle, and will never

Greater Boston Television Corp. v. Federal Communications Commission

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

The rules of our court do establish that the court has one term each year, beginning the second Tuesday of September each year. … 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

Michael F. Dilley, Captain, U. S. Army Reserve v. Clifford L. Alexander, Jr., Secretary of the Army Raymond W. Fontaine, Major, U. S. Army Reserve v. Clifford L. Alexander, Jr., Secretary of the Army Milton D. O'Quinn v. Clifford L. Alexander, Secretary of the Army. Major Russell A. Powell v. Clifford L. Alexander, Jr., Secretary of the Army

627 F.2d 407 · Court of Appeals for the D.C. Circuit · May 15, 1980

Congress has clearly provided that promotion boards without Reserve officers among their members cannot pass on the promotional prospects of Reserve officers. … Pay and allowance received during this service shall be treated as civilian pay to be deducted from back pay in the manner discussed in Section III C of this opinion, infra For those appellants who do not qualify for and

State Farm Mutual Automobile Insurance Co., Kent Mason, Patricia Warren and Leorlin Boyd v. Department of Transportation, Drew Lewis, as Secretary, National Highway Traffic Safety Administration, and Raymond A. Peck, Jr., as Administrator, Superintendent of Insurance of the State of New York, Automobile Importers of America, Inc., Motor Vehicle Manufacturers Association, Consumer Alert and Pacific Legal Foundation, Intervenors. National Association of Independent Insurers, Automobile Owners Action Council, and Eugene J. Meyung v. National Highway Traffic Safety Administration, Automobile Importers of America, Inc., Consumer Alert and Pacific Legal Foundation, Motor Vehicle Manufacturers Association, Superintendent of Insurance of the State of New York, Intervenors

680 F.2d 206 · Court of Appeals for the D.C. Circuit · Jun 1, 1982

Whether a detachable belt is in fact a passive restraint may depend on the usage rates of these belts-a matter that NHTSA has not yet established. … NHTSA errs when it presumes that it knows how to speak more clearly than Congress.

John Doe v. William H. Webster, Director, Fbi

606 F.2d 1226 · Court of Appeals for the D.C. Circuit · Oct 17, 1979

United States Immigration and Naturalization Service, supra, 462 F.2d at 1032 : Section 5021 clearly contemplates more than a "technical erasure” . . . … Thus the members of that committee are uniquely qualified to provide guidance on the meaning of the Act.

Viereck v. United States

130 F.2d 945 · Court of Appeals for the D.C. Circuit · Nov 16, 1942

Clearly, defendant’s work in Flanders Hall was more than that of “author and journalist”. … The author has said its purpose was to reveal propaganda and its technique, in order to immunize the American people against further exposure.