Case law

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."

National Recycling Coalition, Inc. v. Reilly

884 F.2d 1431 · Court of Appeals for the D.C. Circuit · Sep 12, 1989

bids must comply with____ With respect to paper, the GPO could, for instance, require any acceptable bid to contain no less than 30 percent post-consumer waste fiber content and then select the lowest cost bid among all qualifying … Unlike the Mathias-Kasten exchange, this exchange clearly shows that some members of Congress contemplated that the Act, through the authorization of minimum content standards programs, provided for the payment of a price

Truman M. Murphy v. Louis W. Sullivan, M.D., Secretary, Hhs

951 F.2d 1324 · Court of Appeals for the D.C. Circuit · Jan 10, 1992

This speculation was clearly an aside and cannot be considered a basis for the court's conclusion. 17 Finally, Mr. … Murphy's right eye tested better than 20/200, we see no basis for setting aside the Secretary's conclusion that he did not qualify for disability benefits.

A Quaker Action Group v. Rogers C. B. Morton, Secretary of the Interior, a Quaker Action Group v. Rogers C. B. Morton, Secretary of the Interior

516 F.2d 717 · Court of Appeals for the D.C. Circuit · Feb 5, 1975

He did not establish the figures to become maximum restrictions. … Clearly the Government can choose to regulate the type of conduct known as picketing by requiring a permit.

Sea-Land Service, Inc. v. Juanita M. Kreps, Individually and as Secretary of Commerce, American President Lines, Ltd., Sea-Land Service, Inc. v. Juanita M. Kreps, Individually and as Secretary of Commerce

566 F.2d 763 · Court of Appeals for the D.C. Circuit · Nov 1, 1977

-flag participation percentages establish adequate or inadequate U. S. … a key section of the Merchant Marine Act of 1936, 1 I must respectfully dissent. 76 * Additionally to construction-differential subsidies, 2 the Act offers operating-differential subsidies the concern of this appeal for qualifying

Fouad Yacoub Rafeedie v. Immigration & Naturalization Service, an Agency of the Federal Government, Fouad Yacoub Rafeedie v. Immigration & Naturalization Service

880 F.2d 506 · Court of Appeals for the D.C. Circuit · Jul 21, 1989

The District Director has information that he clearly believes to be reliable and, if believed, sufficient to warrant Rafeedie's exclusion. … Rafeedie has thus established a significant and irreparable injury.

Albert Watson, Jr. v. United States

439 F.2d 442 · Court of Appeals for the D.C. Circuit · Jul 15, 1970

the kind of record upon which either the trial or appellate court can confidently adjudicate a serious issue of statutory construction with constitutional implications.” 27 Appellant, the majority believes, should have “clearly … But the omission was misleading only to the extent that the diagnosis of addiction contradicted or qualified the conclusion of no mental *466 illness. Since Dr.

Joseph B. Prater and Joseph Durham, a Partnership D/B/A Prater & Durham v. Federal Communications Commission, Carol Sue Bowman, Intervenor. Sharon Annette Haley v. Federal Communications Commission, Sumter Radio Partners Iris Communications, Inc., Intervenors

983 F.2d 298 · Court of Appeals for the D.C. Circuit · Apr 27, 1993

Nevertheless, the Commission's express reliance on Chudy in its Bernstein decision clearly indicates that the Chudy holding is fully applicable to applications filed on the post-1981 form. 29 Thus, at least as of the date … Haley contends, nevertheless, that her June 29 reporting amendment qualifies as "the functional equivalent of an amendment to her negative financial certification," Haley Br. at 17, and that it was submitted within thirty

Sea-Land Service, Inc. v. Kreps

566 F.2d 763 · Court of Appeals for the D.C. Circuit · Sep 30, 1977

Sections 601 and 605(c) appear on their face to establish three basic standards for subsidization. … The purposes behind federal subsidization of a privately owned merchant marine were most clearly and logically explained by then-Senator Hugo L.

James A. Bethel, Jr. v. Burtell M. Jefferson, Chief of Police, Metropolitan Police Department. Ernest E. Hemby v. Burtell M. Jefferson, Chief of Police, Metropolitan Police Department

589 F.2d 631 · Court of Appeals for the D.C. Circuit · Nov 9, 1978

discrimination," 68 and resultantly that resort to technicalities to foreclose recourse to administrative or judicial processes is "particularly inappropriate." 69 27 Appellee argues, however, that "since the 1972 amendments clearly … intended that federal agencies could permissibly extinguish rights of the many federal employees utilizing Section 717 simply by creating procedural labyrinths. 84 On the other hand, it must be remembered that Section 717 "establish

The Wilderness Society v. Rogers C. B. Morton, Secretary of the Interior

495 F.2d 1026 · Court of Appeals for the D.C. Circuit · Jun 12, 1974

The flood of 'public interest' litigation, particularly in the environmental field, is given a new impetus by the majority decision. 64 No authorities beyond those cited in the court's opinion need be cited to establish that … It was clearly an example where sound environmental analysis was essential to sound engineering and siting. 'In all honesty, the process has been one of learning for both industry and government.

Maria M. Ochoa v. Federal Communications Commission, Foothills Broadcasting, Inc., Intervenor

98 F.3d 646 · Court of Appeals for the D.C. Circuit · Nov 27, 1996

She explicitly declared at the initial hearing session that she had told her supervisors, Gurley and Thorne, and co-workers she would move to Lenoir if her application were granted and that Gurley was clearly aware of her … impression that she would not move to Lenoir even if she were granted the license for the Lenoir radio station. 4 23 In her exceptions, Ochoa argued that the ALJ erred in disqualifying her without first specifying a basic qualifying

United States v. Michael Weaver

808 F.3d 26 · Court of Appeals for the D.C. Circuit · Sep 4, 2015

Even the government here, which was clearly aware of the Southerland case, see Appellee Br. at 19, does not accord it the force that the dissent urges. … Public-interest lawyers would be willing to handle the suit, id. at 598; the suit would be worthwhile given the availability of attorney’s fees, id. at 597; and the officer-defendants would not be entitled to qualified immunity

Wisconsin Gas Co. v. Federal Energy Regulatory Commission

770 F.2d 1144 · Court of Appeals for the D.C. Circuit · Aug 20, 1985

Had the parties intended to immunize Transco’s minimum bill from the general impact of an industry-wide rulemaking, they could have easily so provided in the terms of the agreement. … The decision by the Commission to proceed by rulemaking rather than through case-by-case adjudication clearly passes muster under our deferential standard of review.

Community for Creative Non-Violence v. Carmen Turner

893 F.2d 1387 · Court of Appeals for the D.C. Circuit · Jan 26, 1990

Restrictions qualify as such if they "are content-neutral, are narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication." Id. at 45 , 103 S.Ct. at 955. … Perry Local Educators' Association, 54 Ford.L.Rev. 545, 548 (1986) (collecting cases dealing with other governmental properties). 59 Second, once made, the classification does not seem to clearly determine the outcome.

United States v. Charles Hillie (AMENDED OPINION)

Court of Appeals for the D.C. Circuit · Jun 28, 2022

If anything, the fact that the defined term here is ‘sexually explicit conduct,’ rather than (as in Ferber) merely ‘sexual conduct,’ renders the definition more immune from facial constitutional attack.” Id. … Not every exposure of the genitals or pubic area is a lascivious exhibition, and the fact that a minor is depicted nude, on its own, is not enough for that visual depiction to qualify as a

Farmers Union Central Exchange, Inc. v. Federal Energy Regulatory Commission

734 F.2d 1486 · Court of Appeals for the D.C. Circuit · Mar 9, 1984

In Williams, FERC departed from these established ratemaking principles. … While FERC made assurances in Williams that patently discriminatory tactics will not be immunized from searching regulatory scrutiny, the FERC’s systemwide approach would apparently tolerate substantial variance in allowable

Inter Nat Gas Assn v. FERC

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.

Ivy Sports Medicine, LLC v. Sylvia Mathews Burwell

767 F.3d 81 · Court of Appeals for the D.C. Circuit · Sep 26, 2014

It is narrower than Ivy supposes, and clearly does not set forth the exclusive process—and perhaps not even a permissible route—for revocation of the FDA’s substantial equivalence determination. … The FDA relies on the established principle that agencies’ power to make decisions implies their power to reconsider and revoke erroneous decisions.

American Security Council Education Foundation v. Federal Communications Commission and United States of America, Cbs Inc., Intervenor

607 F.2d 438 · Court of Appeals for the D.C. Circuit · Jun 29, 1979

First, many A sentences were not as clearly expressed as their C counterparts. … The NAB code says: "Commentary and analysis should be clearly identified as such" and "opinion should be appropriately distinguished from news." 225 3.