Case law

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.

Timothy C. Pigford,appellees, Leonard C. Cooper v. Dan Glickman, Secretary, the United States Department of Agriculture

206 F.3d 1212 · Court of Appeals for the D.C. Circuit · Mar 31, 2000

Because that action would not qualify as a default, the provisions of paragraph 21 would not apply. Thus, Mr. … Class counsel clearly tried to negotiate for as much debt forgiveness as possible. But as Mr. J.L.

Ex Parte Rosier

133 F.2d 316 · Court of Appeals for the D.C. Circuit · Sep 2, 1942

Webster in the Dartmouth College case: “By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. … The meaning is that every citizen shall hold his life, liberty, property, and immunities, under the protection of the general rules which govern society.” ’ ” “§ 833.

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.

Univ Grt Falls v. NLRB

278 F.3d 1335 · Court of Appeals for the D.C. Circuit · Feb 12, 2002

It did so in the absence of " 'the affirmative intention of the Congress clearly expressed' " to impose Board "jurisdiction over teachers in church-operated schools." Id. at 500-01. … Board's "substantial religious character" ap- proach, it is hard to see what school or university that does not require attendance at religious services, or require stu- dents and faculty to be of a particular faith, would qualify

Pan American World Airways, Inc. v. Civil Aeronautics Board, City of New Orleans, American Airlines, Inc., and Continental Air Lines, Inc., Intervenors. Delta Air Lines, Inc. v. Civil Aeronautics Board, American Airlines, Inc., Intervenor. Trans World Airlines, Inc. v. Civil Aeronautics Board

684 F.2d 31 · Court of Appeals for the D.C. Circuit · Jul 23, 1982

They are necessary to establish an adequate factual predicate for the Board's decision. … But then the Board turned around and, in the middle of the Alaska Service Investigation, granted Wien the exemption authority it had earlier denied, saying that "Wien was clearly the best qualified." Id. at 344 .

International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. Occupational Safety & Health Administration

938 F.2d 1310 · Court of Appeals for the D.C. Circuit · Jul 12, 1991

any event, OSHA has an existing obligation under Executive Order No. 12,291, 46 Fed.Reg. 13,193 (1981), to complete a cost-benefit analysis for each major rule-making, so use of such a standard not only is doable in the qualified … Accordingly, the union establishes no reason to believe that a stricter provision would yield any safety increment.

United States v. Haotian Sun

Court of Appeals for the D.C. Circuit · Jan 23, 2026

If, on the one hand, the new version of the Guidelines applies, then the district court’s use of the intended loss amount was clearly appropriate. … As we have said, however, “[t]here can, of course, be more than one person who qualifies as a leader or organizer of a criminal association or conspiracy.” United States v. Bras, 483 F.3d 103, 113-14 (D.C.

Missouri Public Service Commission v. Federal Energy Regulatory Commission

337 F.3d 1066 · Court of Appeals for the D.C. Circuit · Aug 12, 2003

But the number of qualifiers in this theoretical chain of events renders it a weak rationale for the imposition of the existing rates. … The most the Commission could say was that “the potential ... clearly existed.” 2002 Rehearing Order, 98 F.E.R.C. at 62,456.

Stanley Siegel v. Juanita M. Kreps, Individually and as Secretary of the United States Department of Commerce

654 F.2d 773 · Court of Appeals for the D.C. Circuit · Apr 13, 1981

Our review of the record convinces us that this determination by the court below was not clearly erroneous and that the court correctly applied the law in determining that defendants were entitled to judgment. 31 For the … B at 1, was qualified by age to invoke the Age Discrimination in Employment Act. See 29 U.S.C. §§ 631 , 633a (1976 & Supp. II 1978).

Marshall County Health Care Authority v. Donna E. Shalala, Secretary of the Department of Health and Human Services

988 F.2d 1221 · Court of Appeals for the D.C. Circuit · Mar 19, 1993

Appellants do not qualify as urban under that provision, however, because they are located in counties that border on not one, but two or more MSAs. … They stood on their "right" to proceed through to discovery and to trial to establish that the Secretary's decision was illegal.

Arkansas Dairy Cooperative Ass'n v. United States Department of Agriculture

573 F.3d 815 · Court of Appeals for the D.C. Circuit · Jul 24, 2009

This court “review[s] the district court’s weighing of the preliminary injunction factors under the abuse of discretion standard, and its findings of fact under the clearly erroneous standard. … The producers contend this data was too old to qualify as “the most recent monthly ... data available,” id., because the evidentiary hearing concluded about one year before the Tentative Decision was published.

J.G.G. v. Donald Trump

Court of Appeals for the D.C. Circuit · Mar 26, 2025

We do not ordinarily dispense “relief that a party failed to clearly articulate in its briefs.” In re Kellogg Brown & Root, Inc., 756 F.3d 754, 763 (D.C. Cir. 2014). I decline to do so sua sponte today. … It’s fair to ask why this is “the established rule.” Id.

Household Goods Carriers' Bureau v. Interstate Commerce Commission

584 F.2d 437 · Court of Appeals for the D.C. Circuit · Jun 30, 1978

This is clearly wrong and beyond the authority of the Commission. I. … This action was clearly beyond the Commission s authority. I respectfully dissent. . 49 U.S.C. § 316 (b).

Sherley v. Sebelius

644 F.3d 388 · Court of Appeals for the D.C. Circuit · Apr 29, 2011

We review the district court’s weighing of the preliminary injunction factors for abuse of discretion and its findings of fact under the clearly erroneous standard. Id. … Apr. 12, 1999), at 57-58 (Aug. 17, 1998))). 7 applicable if a State establishes . . . a mechanism” to include State that established mechanism before statute’s enactment (first emphasis

Stephens v. Farmers Rest. Grp.

291 F. Supp. 3d 95 · Court of Appeals for the D.C. Circuit · Jan 31, 2018

Employees who qualify as "tipped employees" under the statute may be paid a lower cash wage (as low as $2.13 per hour), with the remainder of the minimum wage made up by the tips that such employees receive. … The court declined to grant conditional certification because the employee had not established that any other stores followed a similar practice. See id. at *5 .

Amer Trk Assn Inc v. EPA

195 F.3d 4 · Court of Appeals for the D.C. Circuit · May 14, 1999

For example, it has employed commonly used clinical criteria to determine what qualifies as an adverse health effect. … and adverse health effects amply justifies establishment of new fine particle standards.

Consumer Federation of America v. Federal Power Commission, the Public Service Commission for the State of New York, Intervenors

515 F.2d 347 · Court of Appeals for the D.C. Circuit · Mar 13, 1975

This procedure provided considerable safeguards pending completion of area proceedings to establish just and reasonable rates. … But it concluded that Order 428 could not “stand in its present form” because of its failure to state clearly that producers would be allowed to receive and pipelines would be authorized to collect only just and reasonable

American Gas Association v. DOE

Court of Appeals for the D.C. Circuit · Nov 4, 2025

The agency must “clearly disclose[]”  14 “the grounds upon which . . . [it] acted” by substantial evidence. T-Mobile S., LLC v. … DOE, 90 F.4th 461, 474 (5th Cir. 2024) (discussing DOE’s 2020 Final Rule establishing a new product class for residential dishwashers, Energy Conservation Program: Establishment of a New Product Class for Residential Dishwashers

Humane Soc'y of the U.S. v. Perdue

290 F. Supp. 3d 5 · Court of Appeals for the D.C. Circuit · Feb 1, 2018

"Economic harm to a business clearly constitutes an injury-in-fact," and "the amount is irrelevant. A dollar of economic harm is still an injury-in-fact for standing purposes." Id., citing Czyzewski v. … When the record reflects the "conflicting views" of experts, the law affords an agency *26 the "discretion to rely on the reasonable opinions of its own qualified experts." See Marsh v. Or. Nat. Res.