Case law

Martha Nathan v. William French Smith, U.S. Attorney General. Martha Nathan v. William French Smith, U.S. Attorney General

737 F.2d 1069 · Court of Appeals for the D.C. Circuit · Jun 14, 1984

Aside from the designation of the source as "credible," this example clearly covered the original scope of "specific information." 12 Thus, the legislative materials strongly emphasized "specific factual support," "facts" … The fact that such charges would be disseminated and dignified by the process established by the bill would inevitably encourage those who wish to use it for partisan or other improper purposes.

Union Neighbors United, Inc. v. Sally Jewell

831 F.3d 564 · Court of Appeals for the D.C. Circuit · Aug 5, 2016

However, “not all statutory interpretations by agencies qualify for the level of deference afforded by that step.” Public Citizen, Inc. v. U.S. Dep’t of Health & Human Servs., 332 F.3d 654, 659 (D.C. Cir. 2003). … Clearly, impact includes the effects of the taking on the species population, not just individual members of the species.

Rafeedie v. Immigration & Naturalization Service

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

Nor is there a shred of legislative history to suggest that Congress meant something other than what it so clearly said in that section. The majority pays scant attention to subsection 106(c). … The Supreme Court, when confronted thirty years ago with the argument that an alien’s presence within the country’s borders pursuant to parole should immunize him from exclusion proceedings, noted the obvious implications

Jeannette Rankin Brigade v. Chief of the Capitol Police

421 F.2d 1090 · Court of Appeals for the D.C. Circuit · Jun 20, 1969

The Supreme Court has stated, in Ex parte Poresky, The question may be plainly insubstantial, either because it is ‘obviously without merit’ or because its unsoundness so clearly results from the previous decisions of this … The Supreme Court has given qualified approval to this reasoning. In Kennedy v. Mendoza-Martinez, 48 the plaintiff had dropped his demand for injunctive relief before trial, which was held before a single judge.

United States v. John Mitchell Appeal of National Broadcasting Company, Inc. United States of America v. John Mitchell Appeal of Warner Communications, Inc

551 F.2d 1252 · Court of Appeals for the D.C. Circuit · Mar 28, 1977

But this is essentially a question of taste, and provides a singularly weak basis for a court to interfere with the exercise of a long-established common law right. … Indeed, the Supreme Court has indicated that acquiring information qualifies for some First Amendment protection, see Branszburg v.

Transm Access Plcy v. FERC

225 F.3d 667 · Court of Appeals for the D.C. Circuit · Nov 17, 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.

Sierra Club v. Douglas M. Costle, Administrator of the Environmental Protection Agency, National Coal Association, Alabama Power Company, Intervenors

657 F.2d 298 · Court of Appeals for the D.C. Circuit · Jun 1, 1981

As we have previously noted: Where Congress wanted to prohibit ex parte contacts it clearly did so. … The data standing alone is insufficient to establish that dry scrubbing is adequately demonstrated.

Federal Trade Commission v. Whole Foods Market, Inc.

533 F.3d 869 · Court of Appeals for the D.C. Circuit · Jul 29, 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.

Conair Corporation v. National Labor Relations Board, Local 222, International Ladies' Garment Workers' Union, Afl-Cio, Intervenor

721 F.2d 1355 · Court of Appeals for the D.C. Circuit · Nov 15, 1983

For example, section 9(b), following directly after section 9(a) and dealing with determination of bargaining units, clearly limits the Board's power. … No evidence established the Union's complicity in these acts, however.

Gilbert v. Washington Beneficial Endowment Ass'n

10 App. D.C. 316 · Court of Appeals for the D.C. Circuit · Mar 1, 1897

It is only qualified by the proviso that a corporation may dispose of its stock, or any property into which such stock has been converted, in good faith to creditors in discharge of its debts, or may sell or dispose of it … It seems to me clearly not; and, if not, it must be because the by-law while in force was binding upon the corporation as much so as the charter itself.

The Delaware and Hudson Railway Company v. United Transportation Union

450 F.2d 603 · Court of Appeals for the D.C. Circuit · Jun 7, 1971

The courts are not free to terminate or qualify that right, except in pursuance of authority granted by Congress. No such authority appears in the wording of the Railway Labor Act. … Thirdly, with respect to balancing the equities, clearly they favor the two carriers over the union.

The Western Union Telegraph Company v. Federal Communications Commission and United States of America, Itt World Communications, Inc., Western Union International, Inc., Rca Global Communications, Inc., Trans-Lux Corporation, Intervenors (2 Cases). The Western Union Telegraph Company v. Federal Communications Commission and United States of America, Graphnet, Inc., Trans-Lux Corporation, Rca Global Communications, Inc., Intervenors. The Western Union Telegraph Company v. Federal Communications Commission and United States of America, Trans-Lux Corporation, Rca Global Communications, Inc., Intervenors. Trt Telecommunications Corporation v. Federal Communications Commission and United States of America, Rca Global Communications, Inc., Western Union Telegraph Company, Western Union International, Inc., Itt World Communications, Inc., Intervenors. Trt Telecommunications Corporation v. Federal Communications Commission and United States of America, Rca Global Communications, Inc., Trans-Lux Corporation, Intervenors

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. … In Unbundling, the FCC clearly indicated that current rates were unfair to the precise extent necessary to support its order-to the extent they were bundled.

United States v. Van Smith

530 F.3d 967 · Court of Appeals for the D.C. Circuit · Jul 1, 2008

that it tolled the speedy trial clock from its filing date through the day it was heard by the court on the third day of trial.1 Smith argues that the Rule 609 filing is better viewed as an evidentiary notice that does not qualify … In accordance with this principle, Congress, in establishing the court’s appellate authority, has provided for further proceedings “as may be just under the circumstances.” 28 U.S.C. § 2106; see Olano. 507 U.S. at 735.

Chapman, Secretary of Interior v. Santa Fe Pac. R. Co.

198 F.2d 498 · Court of Appeals for the D.C. Circuit · Jun 2, 1952

been surveyed and selected if they had not been withdrawn and reserved, or, if they had remained unsurveyed and not withdrawn, what areas would have been taken up by settlers and pre-emptors, does not avail to abrogate or qualify … Clearly, under the remand, if such a deficiency was shown Santa Fe and Aztec were to prevail.

California Association of the Physically Handicapped, Inc. v. Federal Communications Commission, Metromedia, Inc., Intervenor

778 F.2d 823 · Court of Appeals for the D.C. Circuit · Dec 10, 1985

Here Congress required the use of specified procedures in transfer proceedings, in part to benefit protestors, 14 and clearly contemplated that the FCC's failure to accord such rights would be subject to judicial review. … Thus, CAPH's standing to contest the renewal of a license hardly qualifies it to challenge the transfer in question 13 The dissent argues that the FCC's refusal to approve the transfer could "contribut[e] to," or "induc[e

Catawba County v. Environmental Protection Agency

571 F.3d 20 · Court of Appeals for the D.C. Circuit · Jul 7, 2009

Instead it established specific PM2.5 NAAQS for the first time. National Ambient Air Quality Standards for Particulate Matter, 62 Fed. Reg. 38,652 (July 18, 1997). … briefs did they present a statutory challenge to EPA’s interpretation that a “nearby” area under section 107(d)(1)(A) may include non- contiguous areas, or to its conclusion that an area’s future reductions in emissions qualifies

International Union, Security, Police & Fire Professionals of America v. Faye

828 F.3d 969 · Court of Appeals for the D.C. Circuit · Jul 15, 2016

Weaver established both that a section 501 suit is properly understood as belonging to the union and that the union is a proper party to litigate it. … According to the Union, Faye endeavored to establish a rival union and misused the Union’s resources to achieve that goal. The Union sued Faye in U.S.

Transm Access Plcy v. FERC

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.

Action for Children's Television American Civil Liberties Union the Association of Independent Television Stations, Inc. Capital City/american Broadcasting Co., Inc. Cbs, Inc. Fox Television Stations, Inc. Greater Media, Inc. Infinity Broadcasting Corporation Motion Picture Association of America, Inc. National Association of Broadcasters National Public Radio People for the American Way Post-Newsweek Stations, Inc. Public Broadcasting Service Radio-Television News Directors Association Reporters Committee for Freedom of the Press Society of Professional Journalists v. Federal Communications Commission United States of America, Pacifica Foundation National Federation of Community Broadcasters American Public Radio National Association of College Broadcasters Intercollegiate Broadcast System Pen American Center Allen Ginsberg v. Federal Communications Commission United States of America

58 F.3d 654 · Court of Appeals for the D.C. Circuit · Jun 30, 1995

Despite the increasing availability of other means of receiving television, such as cable (which is not immune to the concerns we address today, see Alliance for Community Media v. … The Commission's Enforcement Order shows no consideration of alternatives when they clearly exist.

Vincent E. Scott v. United States

419 F.2d 264 · Court of Appeals for the D.C. Circuit · Feb 13, 1969

A guilty plea predicated upon a judge's promise of a definite sentence by its very nature does not qualify as a free and voluntary act. * * * 64 "A judge's prime responsibility is to maintain the integrity of the judicial … plea was a general motivation to expedite processing of the calendar, skimping the task of individuating punishment to the condition of the offender, and it observed that the mere existence of a plea of guilty does not establish