Case law

Interstate Natural Gas Ass'n of America v. Federal Energy Regulatory Commission

285 F.3d 18 · Court of Appeals for the D.C. Circuit · Apr 5, 2002

Insofar as its other, vaguer language invites extreme interpretation, we understand it to be qualified as always by the operational feasibility criterion. … It also specified, most clearly in Order No. 637-A, that the right trumped any inconsistent provision in a pipeline’s tariff.

Natl Assn Mftr v. DOI

134 F.3d 1095 · Court of Appeals for the D.C. Circuit · Jan 16, 1998

[is] clearly beyond the scope of CERCLA"). … Sampling and statistical procedures should be clearly defined. The methods for determining the geographical extent of dam- age should also be enumerated.

National Broadcasting Co. v. Federal Communications Commission

132 F.2d 545 · Court of Appeals for the D.C. Circuit · Jan 18, 1943

Sanders Brothers Radio Station, 1940, 309 U.S. 470, 642 , 60 S.Ct. 693, 698 , 84 L.Ed. 869, 1037 , the Supreme Court held that the licensee of a competing station likely to be financially injured qualifies for appeal. … It is not stated explicitly that he is entitled to notice and participation in the hearing, but that seems clearly implied from the provision for hearing and prohibition of these changes without it unless he consents.

Action for Children's Television v. Federal Communications Commission

58 F.3d 654 · Court of Appeals for the D.C. Circuit · Jun 30, 1995

Despite the increasing availability of other means of receiving television, such as cable (which is not immune to the concerns we address today, see Alliance for Community Media v. … Rather, it was our expressed view that a clearly articulated channeling rule, as opposed to a case-by-ease approach, was necessary to enable broadcasters to know when they might safely air indecent material.

United States v. Mitchell

551 F.2d 1252 · Court of Appeals for the D.C. Circuit · Oct 26, 1976

But this is essentially a question of taste, and provides a singularly weak basis for a court to interfere with the exercise of a long-established common law right. … Indeed, the Supreme Court has indicated that acquiring information qualifies for some First Amendment protection, see Branszburg v.

Alaska Bulk Carriers, Inc. v. Kreps

595 F.2d 814 · Court of Appeals for the D.C. Circuit · Feb 6, 1979

The trial judge clearly and appropriately rejected the existence of any such authority, explicit or implicit, in § 506, 92 and he was right. … Section 504 of the Merchant Marine Act of 1936, 46 U.S.C. § 1154 , provides in pertinent part: If a qualified purchaser under the terms of .

Bellinger v. Bowser

288 F. Supp. 3d 71 · Court of Appeals for the D.C. Circuit · Dec 15, 2017

Therefore, by their non-discriminatory criteria, the closing of Capitol View Library would not typically qualify for an interim facility. … Plaintiffs are clearly displeased with the interim services that DCPL has provided-and the interim facility *84 it plans to provide-for their neighborhood during the Capitol View Library renovation process.

Pan American-Grace Airways, Inc. v. Civil Aeronautics Board, Master Executive Councils of Pilots of Braniff Airways, Inc., and Pan American-Grace Airways, Inc., Lufthansa German Airlines and Pan American World Airways, Inc., Intervenors. Braniff Airways, Inc. v. Civil Aeronautics Board, Master Executive Councils of Pilots of Braniff Airways, Inc., and Pan American-Grace Airways, Inc., Lufthansa German Airlines and Pan American World Airways, Inc., Intervenors

342 F.2d 905 · Court of Appeals for the D.C. Circuit · Mar 8, 1965

diplomatic notes. 1 Pursuant to this procedure the Secretary of State specified points in the United States and "points in the Caribbean Sea and beyond to South America." 2 The agreement also requires the foreign carrier to qualify … The Ashbacker claim was hardly frivolous; and, thus, the order was appropriate for review, even though petitioners might be unable to establish their Ashbacker contentions to our satisfaction. 38 Section 1006(a) here contributes

In re: FBOP Execution Protocol Cases

980 F.3d 123 · Court of Appeals for the D.C. Circuit · Nov 18, 2020

Ct. at 1124 (noting that the Supreme Court “has yet to hold that a State’s method of execution qualifies as cruel and unusual”). … Instead, in the context of assessing whether the government had established a likelihood of success on the merits, we suggested that the government had not met the high bar to establish that Brown & Williamson should prevent

Unbelievable, Inc. v. National Labor Relations Board

118 F.3d 795 · Court of Appeals for the D.C. Circuit · Jul 18, 1997

Keiler’s statement that the General Manager of the Frontier wanted the Unions to strike so that he could replace the employees surely qualifies as “aggravated misconduct.” … [T]he public interest in allowing the Charging Party to recover the costs of its participation in this litigation does not override the general and well-established princi *801 pie that litigation expenses are ordinarily

Panhandle Eastern Pipe Line Company v. Federal Energy Regulatory Commission, (Three Cases)

613 F.2d 1120 · Court of Appeals for the D.C. Circuit · Dec 20, 1979

Commission observed, the general rate level *1137 for Panhandle is presently the subject of another proceeding. 91 We do not think that the Commission’s dubious assumption as to the continuing adequacy of the 1975 rates qualifies … We think the decision to construe narrowly the PGA regulation falls within that zone of reasonableness immunizing it from reversal.

Alaska Bulk Carriers, Inc., Trinidad Corporation v. Juanita M. Kreps, Secretary of Commerce, U.S. Department of Commerce Shell Oil Company (A Delaware Corporation) v. Juanita M. Kreps (Individually and as Secretary of the United States Department of Commerce Acting in Her Official Capacity) Alaska Bulk Carriers, Inc., Trinidad Corporation v. Juanita M. Kreps, Secretary of Commerce, U.S. Department of Commerce, Polk Tanker Corporation, Shell Oil Company (A Delaware Corporation) v. Juanita M. Kreps (Individually and as Secretary of the United States Department of Commerce Acting in Her Official Capacity), Seatrain Shipbuilding Corp. And Polk Tanker Corp.

595 F.2d 814 · Court of Appeals for the D.C. Circuit · Jun 18, 1979

Congress clearly eliminated the temporary waiver advantage, since the amended § 506 clearly requires a payback of subsidy for even temporary transfers. 119 Nonetheless, it is undeniable that in eliminating the 3-month temporary … If the vessel is used, with the consent of the Commission, in the domestic trade in services other than those enumerated, The obligations of the owner to repay part of the subsidy are clearly defined. 7 121 The clearly defined

Michael Jackson v. Culinary School of Washington, Ltd.

27 F.3d 573 · Court of Appeals for the D.C. Circuit · Jun 24, 1994

The Culinary School recruited students from around the country by representing that it would provide vocational training and certification in the culinary arts that would qualify students as gourmet chefs. … As such, the court clearly passed upon the issue, and the waiver argument loses both logical and legal force.

United States v. Tyrone C. Hopkins

531 F.2d 576 · Court of Appeals for the D.C. Circuit · Mar 1, 1976

That the youth before the sentencing court would “not derive benefit from treatment under the Act” 15 also must explicitly be established. … Lack of resources and skilled personnel, overcrowding in the Youth Corrections Center, and confusion as to who qualifies under the Act by correctional officials and judges alike, have successfully prevented achievement of

United States v. Eleanor Milligan

77 F.4th 1008 · Court of Appeals for the D.C. Circuit · Aug 1, 2023

Id.  9 Giving the district court the requisite “due deference”— which falls “somewhere between de novo and clearly erroneous,” McCants, 554 F.3d at 160 (internal quotation marks omitted … Milligan’s actions in impersonation of Morgan lie in the same zone of sophistication as the conduct deemed to qualify as sophisticated means in McCants.

Soundboard Ass'n v. Fed. Trade Comm'n

888 F.3d 1261 · Court of Appeals for the D.C. Circuit · Apr 27, 2018

Cir. 1990) (“[A]lthough . . . the EPA concededly made no final  15 decision on petitioners’ request that the section 115 remedial process be initiated, it clearly and unequivocally rejected … For both agency officials on the sending end and industry on the receiving end, there is nothing preliminary, tentative, or qualified about that message.

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

317 F. Supp. 3d 202 · Court of Appeals for the D.C. Circuit · Jun 29, 2018

At this stage, the LNC's arguments are not so clearly frivolous, and the merits of the FEC's argument so overwhelmingly obvious, as to make certification unwarranted. iii. … Clearly, it was a good year for our party. Id. (citation omitted). II. The LNC's Fundraising and Spending On Segregated Account Expenses 10.

Fadi Maqaleh v. Chuck Hagel

738 F.3d 312 · Court of Appeals for the D.C. Circuit · Dec 24, 2013

The letter, they argue, establishes that the Afghan government prefers the extension of Suspension Clause jurisdiction. … Before deciding this question, we must clearly identify the species of alleged manipulation.

Neckritz v. Federal Communications Commission

502 F.2d 411 · Court of Appeals for the D.C. Circuit · Oct 2, 1974

These qualifying statements were subsequently incorporated into the script for all stations. 23 Station KNXT also replied by noting that the Chevron F-310 advertisements were subject to a Federal Trade Commission investigation … II. 44 As we have said, the petitioners in the administrative proceedings did not clearly articulate the controversial issue of public importance that they wished to discuss.

Inverworld, Ltd. v. Commissioner of Internal Revenue

979 F.2d 868 · Court of Appeals for the D.C. Circuit · Nov 24, 1992

Confusion among taxpayers and lawyers will result only if the court does not establish any clear-cut rule at all. … InverWorld does not dispute the Tax Court's premise that, to qualify for amendment, the original petition must have contained some objective indication of its intent to contest the corporate tax deficiencies.