Case law

Central Florida Enterprises, Inc. v. Federal Communications Commission, Cowles Broadcasting, Inc., Intervenor

598 F.2d 37 · Court of Appeals for the D.C. Circuit · May 17, 1979

The development of Commission policy on comparative renewal hearings has now departed sufficiently from the established law, statutory and judicial precedent, that the Commission's handling of the facts of this case make … Where the renewal applicant has served the public interest in such a substantial fashion, it will be entitled to the "legitimate renewal expectancy" clearly "implicit in the structure of the (Communications) Act."

Judicial Watch, Inc. v. United States Secret Service

726 F.3d 208 · Court of Appeals for the D.C. Circuit · Aug 30, 2013

The court held that WHACS records qualify as “agency records” subject to FOIA, and it rejected the Secret Service’s contentions that disclosure would raise separation-of-powers concerns and place impermissible burdens on … In so doing, however, we reaffirmed the Goland analysis, finding the documents covered by FOIA only because Congress had not clearly expressed an intent to retain control over them.

Bethlehem Steel Co. v. National Labor Relations Board

120 F.2d 641 · Court of Appeals for the D.C. Circuit · May 12, 1941

It is the function of an examiner, just as it is the recognized function of a trial judge, to see that facts are clearly and fully developed. … Accordingly, if any of the employees of the petitioners were participating in unlawful activities in connection with the Cambria strike, they were no more immune than anyone else in the community from the exercise of efforts

Ali Hamza Ahmad al Bahlul v. United States

840 F.3d 757 · Court of Appeals for the D.C. Circuit · Oct 20, 2016

critical as our nation enters a new era in which many of the traditional constraints on the political branches’ authority to prosecute individuals in military- commissions—including wars’ temporal limits and the presence of clearly … The government’s position gains no support from Hamdan’s consideration of domestic precedents in determining whether inchoate conspiracy qualified as a violation of the “law of war,” as that term is used in 10 U.S.C. § 821

American Methyl Corporation v. Environmental Protection Agency, Motor Vehicle Manufacturers Association of the United States, Inc., Automobile Importers of America, Inc., United America Fuels, Inc., Intervenors. American Methyl Corporation v. Environmental Protection Agency, Automobile Importers of America, Inc., Motor Vehicle Manufacturers Association of the United States, Inc., United American Fuels, Inc., Intervenors

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 14 The General … of the EPA 41 Our unwillingness to wrest a standardless 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

Cathy Harris v. Scott Bessent

Court of Appeals for the D.C. Circuit · Mar 28, 2025

It established that the President’s removal power is grounded in the Constitution’s text and history and bolstered by tradition. … The Wiener Court also clarified what qualifies as a “quasi- judicial” function.

Ocean State Power v. Federal Energy Regulatory Commission, Bay State Gas Company, Intervenors

84 F.3d 1453 · Court of Appeals for the D.C. Circuit · Jun 28, 1996

Id. 20 Although a close question, we agree with the Commission that its decision qualifies for review under General Motors. … To be sure, the Commission considered petitioners' argument that KN Energy and Williston established that the volumetric surcharge was per se unreasonable. Id.

Amer Corn Growers v. EPA

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

In establishing emission limitations for any source which impairs visibility, the State shall determine what consti- tutes "best available retrofit technology" ... in establish- ing emission limitations on … Reg. at 35,734, do not qualify as "reasonable progress" criteria and are arbitrary and capricious.

United States v. Calvin Smith

Court of Appeals for the D.C. Circuit · Mar 10, 2026

Dent, the jury finding that the murder qualified as a racketeering act necessarily fell as well, as the district court’s instructions to the jury required. See Trial Tr. for Dec. 9, 2002, at 98–99, Dkt. … Trimm, 999 F.3d 119, 129–130 (2d Cir. 2021) (Reassignment is appropriate where “the district court has clearly expressed the view on two separate occasions that a sentence below the mandatory minimum is necessary[,]” and

Public Systems v. Federal Energy Regulatory Commission, Commonwealth Edison Co., New Englandpower Co., Southern California Edison Company, Consumers Power Company, Tennessee Gas Pipeline Co., Intervenors. Public Systems v. Federal Energy Regulatory Commission, Investor-Owned Utility Companies, Consumers Power Company, Tennessee Gaspipeline Co., Intervenors

606 F.2d 973 · Court of Appeals for the D.C. Circuit · Mar 30, 1979

The new order attempted to define the "appropriate factual showings" needed to qualify for CITA. … As a rule directly applicable to ratemaking as soon as it takes effect, Order 530-B clearly would have a "direct and immediate effect" on consumers.

Citizens Committee to Save WEFM v. Federal Communications Commission

506 F.2d 246 · Court of Appeals for the D.C. Circuit · Nov 15, 1973

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. … If the criterion of “public interest” were limited to such matters, how could the Commission choose between two applicants for the same facilities, each of whom is financially and technically qualified to operate a station

State v. Environmental Protection Agency

531 F.3d 896 · Court of Appeals for the D.C. Circuit · Jul 11, 2008

It also provides that certain exempt units — “qualifying small power production facilities” and “qualifying cogeneration facilities,” defined in 16 U.S.C. § 796 (17)(C), (18)(B) (delegating power to FERC to define the terms … However, the record establishes that EPA appropriately included all of the State in CAIR.

Heffernan v. Azar

317 F. Supp. 3d 94 · Court of Appeals for the D.C. Circuit · Jun 27, 2018

Thus, the "[d]efendant[ ] must identify the function and significance ... in the agency's decision making process of all redacted and withheld documents to qualify them as exempt under the deliberative process privilege." … And, the plaintiff's reliance on a September 2007 e-mail between Gormley and the plaintiff as the only support for his speculative position is misplaced, primarily because that e-mail clearly indicates that the actions Gormley

Judicial Watch, Inc. v. U.S. Dep't of Homeland SEC.

895 F.3d 770 · Court of Appeals for the D.C. Circuit · Jul 17, 2018

In sum, FOIA “reflect[s] ‘a general philosophy of full agency disclosure unless information is exempted under clearly delineated statutory language.’” Dep’t of Air Force v. Rose, 425 U.S. 352, 360–61 (1976) (quoting S. … First, it treated Payne and Newport as establishing a floor for a policy or practice claim.

Mingo Logan Coal Co. v. Environmental Protection Agency

829 F.3d 710 · Court of Appeals for the D.C. Circuit · Jul 19, 2016

Cir. 2002) (“It is well established that issues not raised in comments before the agency are waived and this Court will not consider them.”); Vill. of Barrington v. Surface Transp. Bd., 636 F.3d 650, 655 (D.C. … Mingo Logan clearly raised a costs argument as part of its State Farm/Fox argument.

Pacifica Foundation v. Federal Communications Commission and United States of America

556 F.2d 9 · Court of Appeals for the D.C. Circuit · Mar 16, 1977

First, the number of words which fall within the definition of indecent is clearly limited. … I hope we do not qualify for that exception. 51 F.C.C.2d IV. CONCLUSION On the premise advanced by Justice Holmes that “all rights tend to declare themselves absolute to their logical extreme,” Hudson Water Co. v.

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." 19 Nonetheless, the Company argues, the order should … [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 principle that litigation expenses are ordinarily not recoverable

Greenpeace, Inc. v. Dep't of Homeland Sec.

311 F. Supp. 3d 110 · Court of Appeals for the D.C. Circuit · May 1, 2018

Alternatively, facilities may reduce their chemical holdings to levels that do not qualify them as high risk. Plaintiff Greenpeace, Inc. … DHS has clearly identified the exempt material (which is marked with redaction boxes) and described it: "The redacted portions are facility names that would allow an individual to identify the specific facility."

Village of Kaktovik v. James G. Watt, Secretary of the Department of the Interior, North Slope Borough v. James G. Watt, Secretary of the Department of the Interior, National Wildlife Federation v. James G. Watt, in His Official Capacity as Secretary, U. S. Department of the Interior, Amoco Production Company, Intervenor-Defendant

689 F.2d 222 · Court of Appeals for the D.C. Circuit · Oct 1, 1982

Rather than to compute the amount of the fees in accordance with the formula established by the cases, 17 the court tracked the terms of the stipulation. … On the latter point, we note that we found ourselves at most only in "qualified agreement" with plaintiffs, 642 F.2d at 608; as for the former, we have some doubt about the substance of the benefits of the changes in the

Joseph Curran, Individually and on Behalf of All the Members of the National Maritime Union of America, Afl-Cio v. Melvin R. Laird

420 F.2d 122 · Court of Appeals for the D.C. Circuit · Nov 12, 1969

We expressly note that our decision does not involve personal rights and liberties, 18 does not involve constitutional claims, and does not involve a right expressly granted by statute that qualifies what would otherwise … essentially judicially created law of standing is to assure that the plaintiff before the court is one whose interests are such that he is most likely to prosecute his cause vigorously and to bring the controverted issues clearly