Case law

Transmission Access Policy Study Group v. Federal Energy Regulatory Commission

225 F.3d 667 · Court of Appeals for the D.C. Circuit · Jun 30, 2000

It does nothing more than establish a mechanism by which utilities may seek to recover stranded costs. … With respect to non-firm versus firm rates, the cases cited by the petitioners as demonstrating a previously established discounting policy actually establish that FERC addresses this issue on a case-by-case basis.

Transmission Access Policy Study Group v. Federal Energy Regulatory Commission

225 F.3d 667 · Court of Appeals for the D.C. Circuit · Jun 30, 2000

It does nothing more than establish a mechanism by which utilities may seek to recover stranded costs. … With respect to non-firm versus firm rates, the cases cited by the petitioners as demonstrating a previously established discounting policy actually establish that FERC addresses this issue on a case-by-case basis.

United States Ex Rel. Totten v. Bombardier Corp.

380 F.3d 488 · Court of Appeals for the D.C. Circuit · Aug 27, 2004

Although Amtrak receives billions of dollars in federal funds that it uses to pay contractor invoices, because it does not (and is not required to) re-present those invoices to the federal government, the court’s ruling immunizes … In fact, the canon of construction propounded by the good judge supports the opposing view: [I]f an intent clearly expressed in committee reports is within the permissible limits of the language and no construction manifestly

Amer Trk Assn Inc v. EPA

195 F.3d 4 · 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 pri- mary NAAQS, and to establish a regional haze program under Clean Air Act section 169A, 42 U.S.C. s 7491, to improve visibility in … According to EPA, however, new studies clearly "demonstrate[ ] associations between a wide range of health effects and prolonged (...

Amer Trk Assn Inc v. EPA

195 F.3d 4 · Court of Appeals for the D.C. Circuit · Mar 29, 2002

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

Western Union Telegraph Co. v. Federal Communications Commission

665 F.2d 1126 · Court of Appeals for the D.C. Circuit · Sep 3, 1981

Not only is this language, unlike that of the proviso, clearly restrictive, but the limit is effective only after a merger. … The FCC approved the establishment of gateways at four satellite transmission stations. *317 See Gateways, 76 F.C.C.2d at 146-48.

Business Roundtable v. SEC

Court of Appeals for the D.C. Circuit · Jul 22, 2011

In any event, the final estimated frequency (51) with which shareholders will use Rule 14a-11 does not clearly conflict with the higher estimate in the Proposing Release (269), or the estimate of proposals under Rule 14a- … See id. at 56,761/1 (anticipating “beneficial effects” * The Commission simultaneously amended Rule 14a-8 to prevent companies from excluding from their proxy materials shareholder proposals to establish a procedure for

Honeywell International Inc. v. Environmental Protection Agency

393 F.3d 1315 · Court of Appeals for the D.C. Circuit · Jul 23, 2004

. § 7671k, which establishes the ‘‘safe alternatives policy.’’ … True, we do not defer to the EPA on whether section 612(c) clearly requires it to consider costs, but EPA has not ad- vanced that argument before us.

PHH Corporation v. CFPB

Court of Appeals for the D.C. Circuit · Jan 31, 2018

Rev. 59, 73-75 (1983) (explaining that the Comptroller was “clearly . . . expected to exercise independent judgment”). … Moreover, it can be harder to find three or five highly qualified commissioners than just one highly qualified commissioner.

Conoco Inc. v. Federal Energy Regulatory Commission, Vesta Energy Company, Intervenors

90 F.3d 536 · Court of Appeals for the D.C. Circuit · Aug 2, 1996

From these findings, the Commission concluded that all 105 systems qualified as exempt gas-gathering systems under NGA § 1(b). Id. at 61,869. … In so concluding the Commission relied as well on “well established continuity of services principles.” 33 Id. at 62,083.

Federal Trade Commission v. Whole Foods Market, Inc.

548 F.3d 1028 · Court of Appeals for the D.C. Circuit · Nov 21, 2008

Yet our precedent clearly holds that to obtain a preliminary injunction "[t]he FTC is not required to establish that the proposed merger would in fact violate section 7 of the Clayton Act." Heinz, 246 F.3d at 714 . … A price increase ordinarily must last "for the foreseeable future," id., considered by some to be more than a year, to qualify as "nontransitory" See 2B AREEDA & HOVENKAMP, ANTITRUST LAW ¶ 537a, at 290.

Willie Lee Stewart v. United States

247 F.2d 42 · Court of Appeals for the D.C. Circuit · Apr 18, 1957

Elmer Klein and Morris Kleinerman, qualified psychiatrists, testified for the Government. … We believe the alleged “misconduct,” if it may be so denominated (and we do not think it may be so denominated), clearly was not error justifying reversal.

State of Maryland v. EPA

958 F.3d 1185 · Court of Appeals for the D.C. Circuit · May 19, 2020

Substantively, the Update Rule established further limits on ozone season 3 NOx emissions from electric generating units (EGUs) in those states. Id. at 74,507. … By cross- referencing the Good Neighbor Provision, “Congress clearly hinged the meaning of § 126 on that of” the Good Neighbor Provision. Appalachian Power Co. v. EPA, 249 F.3d 1032, 1049–50 (D.C.

Pennsylvania Water & Power Co. v. Federal Power Commission (Two Cases). Pennsylvania Power Utility Commission v. Federal Power Commission

193 F.2d 230 · Court of Appeals for the D.C. Circuit · Feb 4, 1952

operations dependent upon either (1) the non-existence of a state regulatory commission in the licensee's state, or (2) the inability of the states involved in the licensee's interstate activities to agree. 36 Part II is not so qualified … between Penn Water and Consolidated a relationship which constituted a violation of the anti-trust statutes when established by contract between them?

US Telecom Assn v. FCC

Court of Appeals for the D.C. Circuit · May 24, 2002

The Com- mission argues that s 251(d)(2), directing it to consider neces- sity and impairment "at a minimum," clearly allows it to consider other elements. We assume in favor of the Commis- sion that that is so. … Petitioners also claim that the Commission without expla- nation reversed a prior decision that a portion of the spec- trum of a loop cannot qualify as a "network element."

Carl D. Pettyjohn v. United States

419 F.2d 651 · Court of Appeals for the D.C. Circuit · Nov 19, 1969

wish to make a typewritten statement. 9 At this point the questioning ceased. 14 Thus, we must reject appellant's contention that his unwillingness to make a typewritten statement, at the end of the officer's questioning, clearly … Provided the exacting standards for waiver are met, the overriding purpose of Mallory has been served.' 4 And if Miranda requirements were satisfied in this case, the statements to Sergeant Crooke qualified for introduction

Amatel, Joseph v. Hawk, Kathleen

Court of Appeals for the D.C. Circuit · Sep 15, 1998

That government power to inculcate values conflicts with the libertarian premises of the First Amendment is clear, but such power is well established. … There is, of course, much material that features nudity or depicts sexual activity that would not qualify as pornography under any definition, including many highly regard- ed works of art.

Nat'l Parks Conservation Ass'n v. Semonite

311 F. Supp. 3d 350 · Court of Appeals for the D.C. Circuit · May 23, 2018

The Court denied both motions, finding that the plaintiffs failed to establish a likelihood of irreparable harm prior to the cases being decided on the merits. … Circuit has clearly indicated that controversy in this context is not measured merely by the intensity of the opposition.

The Network Project v. Federal Communications Commission

511 F.2d 786 · Court of Appeals for the D.C. Circuit · Apr 18, 1975

Our aim, as outlined above, is to afford qualified applicants a reasonable opportunity to demonstrate the public advantages in use of the satellite technology as a means of communications. … be served, what the service will consist of, and whether the proposed system is in some way deficient to the detriment of the public, or forecloses alternative systems that would be more beneficial. 48 The Commission was clearly

United States v. Anthony A. Riley

481 F.2d 1127 · Court of Appeals for the D.C. Circuit · Jul 3, 1973

BAZELON, Chief Judge: 1 On November 23, 1971, appellant pled guilty to armed robbery and attempted armed robbery, arising out of two separate incidents at the same dry cleaning establishment. … To confine such "sophisticated . . . angry" offenders, involving as they do a greater security risk, with youth offenders who do qualify for YCA treatment and supervision is to compel the conversion of a D.C.