Case law

United Steelworkers of America v. Marshall

647 F.2d 1189 · Court of Appeals for the D.C. Circuit · Aug 15, 1980

The proposal clearly established a hierarchy of preference among the three general means of compliance. Industry was to immediately institute engineering controls. … The judicial history at least establishes clearly that there are two types of feasibility — technological and economic. American Iron & Steel Institute v.

United States v. Tyrone Smith, United States of America v. Anthony E. Gartrell

551 F.2d 348 · Court of Appeals for the D.C. Circuit · Dec 17, 1976

The prosecution now must bear the burden of establishing that prior conviction evidence should be admitted. … Congress clearly intended the phrase to denote a fairly narrow subset of criminal activity.

State Farm Mutual Automobile Insurance v. Department of Transportation

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.

United States v. Beachey L. Wright

627 F.2d 1300 · Court of Appeals for the D.C. Circuit · Apr 22, 1980

The proposed inquiry clearly extends beyond mere competence to stand trial. … Similarly, our court has held that competence to stand trial alone does not establish competence to waive a jury trial, United States v. David, 511 F.2d 355 (D.C.Cir.1975).

Robert E. Hyser v. George J. Reed, Chairman, United States Board of Parole, John Thomas Jatoft v. R. A. Chappell, Chairman, United States Board of Parole, James Charles Whitling v. George J. Reed, Chairman, United States Board of Parole, Robert Thompson v. United States Board of Parole, John T. Neiswenter, Jr. v. Richard A. Chappell, Chairman, United States Board of Parole, Andrew Louis Fitzpatrick v. Richard A. Chappell, Chairman, United States Board of Parole, William Francis Leroy Williamson v. Richard A. Chappell, Chairman, United States Board of Parole, Larry T. Jamison v. Richard A. Chappell, Chairman, United States Board of Parole

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

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 … The relevant statutes clearly seem to contemplate violation of a specifically charged condition of parole as requisite to revocation. See 18 U.S.C. § 4205 .

Lubow v. United States Department of State

783 F.3d 877 · Court of Appeals for the D.C. Circuit · Apr 17, 2015

The State Department determined that the military operations in Iraq and the aftermath qualified as an emergency. … In the matter before us, the OPM has expressed its conclusion that Congress spoke clearly to the matter at issue and therefore exercised no resolution of ambiguity. Chevron step two deference is thus inappropriate.

Citizens Committee To Save Wefm v. Federal Communications Commission

506 F.2d 246 · Court of Appeals for the D.C. Circuit · Dec 13, 1974

The FCC's reliance on WNIB as a substitute clearly reflected its view that the public interest in format change cases is defined by the metes and bounds of the city of license. In Stone v. … The financial requirements have been established by the Commission in the exercise of its discretion pursuant to the licensing power.

National Wildlife Federation v. Anne Gorsuch, in Her Official Capacity as Administrator of the United States Environmental Protection Agency, Idaho Power Company, Montana Power Company, Puget Sound Power and Light Company, Eugene Water and Electric Board, Portland General Electric Company, Public Utility District No. 1 of Chelan County, Washington, Public Utility District No. 1 of Douglas County, Washington, City of Seattle, Department of Lighting, City of Tacoma, Department of Public Utilities, Washington Water Power Company, National Wildlife Federation v. Anne Gorsuch, in Her Official Capacity as Administrator of the United States Environmental Protection Agency, Northern Colorado Water Conservancy District, City and County of Denver Acting Through the Board of Water Commissioners, City of Colorado Springs, Southwestern Water Conservation District, City of Aurora, Board of Water Works for the City of Pueblo, Colorado River Water Conservation District, Association of California Water Agencies, National Wildlife Federation v. Anne Gorsuch, in Her Official Capacity as Administrator of the United States Environmental Protection Agency, American Water Works Association and National Association of Water Companies, National Wildlife Federation v. Anne Gorsuch, in Her Official Capacity as Administrator of the United States Environmental Protection Agency, Blachly-Lane Electric Cooperative Association, Central Electric Cooperative, Inc., Clearwater Power Company, Columbia Rural Electric Association, Inc., Consumers Power, Inc., Inland Power & Light Company, Kootenai Electric Cooperative, Inc., Lane Electric Cooperative, Inc., Lower Valley Power & Light, Inc., Public Utility District No. 1 of Cowlitz County, Washington Raft River Rural Electric Cooperative, Inc., Umatilla Electric Cooperative Association, Benton Rural Electric Association, Big Bend Electric Cooperative, Inc., Coos-Curry Electric Cooperative, Inc., Lincoln Electric Cooperative, National Wildlife Federation v. Anne Gorsuch, in Her Official Capacity as Administrator of the United States Environmental Protection Agency. Appeal of National Water Resources Association. National Wildlife Federation v. Anne Gorsuch, in Her Official Capacity as Administrator of the United States Environmental Protection Agency, National Wildlife Federation v. Anne Gorsuch, in Her Official Capacity as Administrator of the United States Environmental Protection Agency. Appeal of Alabama Power Company

693 F.2d 156 · Court of Appeals for the D.C. Circuit · Nov 5, 1982

Also, one court has found that a substance--gasoline--is a pollutant even though it was not clearly listed. United States v. Hamel, 551 F.2d 107, 110-11 (6th Cir.1977). … And EPA admits that "sediment" is a pollutant, although not clearly listed.

United States v. Powell, Ronald

483 F.3d 836 · Court of Appeals for the D.C. Circuit · Jun 23, 2006

Certainly, handcuffing a suspect prior to a search, see dissent at 4-5, would qualify as a custodial arrest. No such arrest occurred here. … Having established probable cause to arrest Rawlings, the officers first searched him and then placed him under arrest. Id. at 101.

Kenneth Dickerson v. DC

Court of Appeals for the D.C. Circuit · Jun 20, 2023

Indeed, while the record clearly shows that Dr. … He cites D.C. municipal regulations that require the District to “fill vacancies with the best qualified candidates available” and prohibit adverse action “for grounds that . . . [are] arbitrary or capricious.” D.C.

Peoples Bank v. Eccles

161 F.2d 636 · Court of Appeals for the D.C. Circuit · Apr 14, 1947

The Peoples Bank of Lakewood Village, California, was incorporated in 1941 under the laws of that state, after the State Superintendent of Banks had found that public convenience and advantage would be promoted by its establishment … The bank, being fully qualified in those respects at the time of application, was eligible for membership in the Federal Reserve System, and the Board of Governors necessarily so found when it later permitted the institution

Lawrence D. Coleman v. The Honorable Arthur L. Burnett, United States Magistrate for the District of Columbia

477 F.2d 1187 · Court of Appeals for the D.C. Circuit · Mar 14, 1973

To be sure, the evidence the Government offers to establish probable cause is by nature also discovery for the accused. … Courts should not upset these judgmatic exercises unless a supervisory excess or a decisional error is clearly shown, 85 and we do not perceive either here.

Fam Svc Agcy v. NLRB

Court of Appeals for the D.C. Circuit · Jan 15, 1999

It is appropriate to speak Spanish to Spanish-speaking parents in order to convey information or explain things more clearly." J.A. at 796 (emphasis in original). … not establish a "no-electioneering" zone and did not issue rules governing the conduct of employees during the voting period.

Natural Resources Defense Council v. Lee M. Thomas, Administrator, Environmental Protection Agency, Engine Manufacturers Association, Motor Vehicle Manufacturers Association, International Harvester Company, People of the State of California, Intervenors. Engine Manufacturers Association on Behalf of Caterpillar Tractor Company v. U.S. Environmental Protection Agency, International Harvester Company, Natural Resources Defense Council, Intervenors

805 F.2d 410 · Court of Appeals for the D.C. Circuit · Nov 7, 1986

would forge between the Report's reference to International Harvester's dicta about the usefulness of NCPs and the NRDC's argument that the 1977 amendments literally mandated a leader-based standard is far too tenuous to qualify … Second, as quoted in the text, both the House and the Senate Reports clearly contemplate a gasoline-based revised standard.

American Methyl Corp. v. Environmental Protection Agency

749 F.2d 826 · Court of Appeals for the D.C. Circuit · Dec 4, 1984

Accordingly, the burden of establishing that Petrocoal meets the criteria for a valid waiver specified in section 211(f)(4), taking into account all available information, should be borne by American Methyl. 28 The General … of the EPA Our unwillingness to wrest a standard-less and openended revocation authority from a silent statute is strengthened by examination of EPA’s own commitment to revocation authority — a commitment that has been qualified

MO Pub Svc Cmsn v. FERC

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 TTT clearly existed.’’ 2002 Rehearing Order, 98 F.E.R.C. at 62,456.

Alaska Airlines, Inc. v. Raymond J. Donovan, Individually and as Secretary of Labor v. Brotherhood of Railway and Airline Clerks, Alaska Airlines, Inc. v. Raymond J. Donovan, Individually and as Secretary of Labor, Association of Flight Attendants, Alaska Airlines, Inc. v. Raymond J. Donovan, Individually and as Secretary of Labor, Air Line Pilots Association, International, Alaska Airlines, Inc. v. Raymond J. Donovan, Individually and as Secretary of Labor, Air Line Pilots Association

766 F.2d 1550 · Court of Appeals for the D.C. Circuit · Jul 16, 1985

The first provided monetary support and assistance in relocation to individuals who had lost their employment or suffered a diminution in compensation as a result of a qualifying industry dislocation. See 49 U.S.C. app. … act shall be exercised by any carrier unless the Secretary of Labor has certified to the CAB that interests of employees have been adequately protected by fair and equitable arrangements, with benefits no less than those established

American Trucking Associations, Inc. v. Environmental Protection Agency, Commonwealth of Massachusetts, Intervenors. American Trucking Associations, Inc. v. Environmental Protection Agency, Commonwealth of Massachusetts, Intervenors

283 F.3d 355 · Court of Appeals for the D.C. Circuit · Mar 26, 2002

EPA therefore decided simply to establish secondary PM2.5 NAAQS identical to the new primary NAAQS, and to establish a regional haze program under Clean Air Act section 169A, 42 U.S.C. § 7491 , to improve visibility in those … According to EPA, however, new studies clearly "demonstrate[] associations between a wide range of health effects and prolonged (...

Al-Bihani v. Obama

619 F.3d 1 · Court of Appeals for the D.C. Circuit · Aug 31, 2010

After all, if customary international law is automatically federal law, then the ATS “ought to cover all CIL claims, so long as they also qualify as torts. … Only conduct beyond the words’ clearly established meaning would be off-limits.

Robert Simpson v. Federal Mine Safety and Health Review Commission

842 F.2d 453 · Court of Appeals for the D.C. Circuit · Mar 18, 1988

In reversing the AU, the Commission stated: The record clearly indicates that Simpson made no reasonable attempt to communicate his concerns to Jackson. … The Commission previously has been sensitive to the proof problems that confront Mine Act complainants; 10 the proof hurdle would become formidable, for many complainants, insurmountable, if a miner were required to establish