Case law

Wildearth Guardians v. Salazar

District Court, District of Columbia · May 8, 2011

Indeed, had the BLM hypothetically sought to lease the West Antelope II tracts pursuant to the competitive regional leasing process without first recertifying the area as a coal production region, its decision would clearly … Should it elect to do so, the regulations would clearly serve a renewed purpose at that time, and not be, as Plaintiffs suggest, “superfluous.”

Schrader v. Tomlinson

311 F. Supp. 2d 21 · District Court, District of Columbia · Mar 30, 2004

paid less than her male coworker, Richard Manis-calco; (7) Slomnicki and Maniscalco received cash awards that plaintiff did not receive because of her gender; and (8) she was excluded from a VOA detail for which she was qualified … Moreover, the District of Columbia Circuit has clearly held that a plaintiff may not rely on the continuing violation theory where she was aware of the discriminatory conduct at the time it occurred. See Taylor v.

National Association of Home Builders v. United States Army Corps of Engineers

District Court, District of Columbia · Mar 30, 2010

Although the plurality opinion stated that the statutory definitions at play “conceive[ed] of ‘point sources’ and ‘navigable waters’ as separate and distinct categories,” it qualified that statement by noting that the … Thus, although the plurality opinion in Rapanos clearly believed that the CWA does not give the Corps unfettered regulation authority, it stopped just short of declaring that a point source, such as a ditch, can never be

Gregory-Rivas v. District of Columbia

577 F. Supp. 2d 4 · District Court, District of Columbia · Sep 8, 2008

While it is not entirely clear what Rivas means by this assertion, [¶] Banks clearly was aware of pertinent standards and employed them. … The procedural violation must “result in loss of educational opportunity or seriously deprive parents of their participation rights” in order to qualify as an actionable claim under IDEA. Id. (quoting C.M. v.

Amissah v. Gallaudet University

District Court, District of Columbia · Sep 2, 2022

Amissah “was not as qualified for the [CDO] position as [Dr. Ndura].” Def.’s Mot. at 15. Dr. Amissah argues that Gallaudet’s proffered explanation is pretext because he was “significantly better” qualified than Dr. … Amissah was not significantly more qualified for the CDO position than Dr. Ndura.

Hannington v. Weinberger

393 F. Supp. 553 · District Court, District of Columbia · Feb 25, 1975

THE MERITS On October 30, 1972, Congress established the Supplemental Security Income Program (SSI), which is an income maintenance program for the aged, blind and disabled. Pub.L. … eligible for state disability benefits after July 1, 1973, but before December 31, 1973 (rollback cases), are not automatically grandfathered into the SSI program, but must meet the federal definition of disabled in order to qualify

Am. Med. Intern., Inc. v. SEC. of HEW

466 F. Supp. 605 · District Court, District of Columbia · Feb 2, 1979

and set aside agency action, findings, and conclusions found to be — (a) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (b) contrary to constitutional right, power, privilege, or immunity … These regulations do clearly establish that a return on equity capital is only allowed on that portion of equity capital related to patient care.

Public Citizen v. Office of the United States Trade Representative

822 F. Supp. 21 · District Court, District of Columbia · Jul 1, 1993

It is clearly established law that: [t]he procedural and informational thrust of [the] NEPA gives rise to cognizable injury from denial of its explanatory process, so long as there is a reasonable risk that environmental … The Environmental Review was a general study conducted on the possible ramifications of the NAFTA but the Defendant does not contend that it qualifies as an EIS under the NEPA.

Hettinger v. Bozzuto Management Company

District Court, District of Columbia · Jul 21, 2025

Under § 3904(e), however, she must “establish that [the] defendant made a misrepresentation,” and under § 3904(f) she must establish that the defendant “failed to make a required disclosure.” Id. … That suffices here to establish standing. B.

Price v. District of Columbia

61 F. Supp. 3d 135 · District Court, District of Columbia · Jul 31, 2014

Defendant does not dispute that plaintiffs qualify as “prevailing parties” under the IDEA, and s do not dispute that plaintiffs counsel accepted an appointment under the CJA. … The Superior Court derives its authority to establish such a panel and appoint panel attorneys in special education cases from the CJA and administrative orders implementing the CJA’s directive.

Beach Tv Properties Inc. v. Soloman

District Court, District of Columbia · Apr 27, 2020

He contends that such evidence is generally inadmissible under Federal Rule of Evidence 411, and that, because it will “clearly be offered to establish negligence,” none of Rule 411’s stated exceptions apply and the admission … But Defendant Solomon’s argument that “the evidence will clearly be offered to establish negligence—since Mr.

Association of American Physicians & Surgeons, Inc. v. United States Food & Drug Administration

391 F. Supp. 2d 171 · District Court, District of Columbia · Sep 27, 2005

Legal Standard The EAJA allows a qualified party who prevails against the United States in a civil action to recover attorneys’ fees and other expenses. … In sum, the government has failed to meet its burden of establishing that its position at the agency level was substantially justified. 4 Accordingly, the court holds that plaintiffs qualify for an award of attorneys’ fees

Ross v. Blinken

District Court, District of Columbia · Feb 5, 2026

Supp. 2d 54, 70 (D.D.C. 2012) (noting that “disagreements about management policies” generally “do not qualify as adverse”). … Even a period as short as “two days short of three months” has been described as “clearly push[ing] the temporal requirement in a retaliation case to its outer limit.” Gustave-Schmidt v. Chao, 360 F.

Berrigan v. Sigler

358 F. Supp. 130 · District Court, District of Columbia · May 3, 1973

scope of review of Parole Board action, it cannot be said that all Board determinations are totally immune from judicial scrutiny, especially where such determinations are attacked on constitutional grounds. … World conditions, and those in particular areas, as to which the Executive has special information and on the basis of which he is especially qualified to make decisions bear upon the question. 225 F.2d at 941-942 .

National Association for Fixed Annuities v. United States Department of Labor

217 F. Supp. 3d 1 · District Court, District of Columbia · Nov 4, 2016

The Department also proposed to create a new exemption for fiduciaries who do not qualify for PTE 84-24. … Investors in fixed indexed and variable annuities, the Department found, “would equally benefit . . . from the protections of [the BIC Exemption], including the conditions that clearly establish the enforceable standards

Duke City Lumber Co. v. Butz

382 F. Supp. 362 · District Court, District of Columbia · Aug 28, 1974

The Small Business Act clearly grants the Administrator wide discretion to effectuate the purposes of the Act. 15 U.S.C. § 634 . This fact the Plaintiffs do not contest. … concern is embedded in the belief that administrative agencies have a fundamental responsibility to insure that any rules and regulations which affect the day-to-day existence of our citizens be conceived in an atmosphere immune

United States v. Smith

District Court, District of Columbia · May 16, 2022

The petitioner bringing a motion under section 2255 must establish, by a preponderance of the evidence, the denial of a constitutional right. See United States v. Simpson, 475 F.2d 934, 935 (D.C. … Thus, to qualify as a crime of violence for purposes of § 924(c), a predicate offense such as CCE must involve a purposeful or knowing mens rea, as the CCE Murder statute clearly does.

Robinson v. District of Columbia

403 F. Supp. 2d 39 · District Court, District of Columbia · Dec 2, 2005

In this case, Plaintiffs claims against Defendant Gainer in his official capacity are clearly duplicative of her claims against the District itself. … insufficient to establish the existence of a policy amounting to “deliberate indifference.”

International Union, United Automobile, Aerospace & Agricultural Implement Workers v. Donovan

568 F. Supp. 1047 · District Court, District of Columbia · Jul 28, 1983

The protective purpose of the reemployment provisions of the 1974 Veterans’ Act, while consistent with the compensatory objective of the worker assistance provisions of the Trade Act, does not establish that weeks of military … All these cases, however, held that administrative interpretations of statutory provisions had been ratified by subsequent reenactment because Congress was clearly aware of and specifically considered those interpretations

Toor v. Berger

District Court, District of Columbia · Aug 24, 2022

The First Amendment provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof].]” U.S. Const. Amend. I. … plaintiffs’ requested relief would require the military to conduct basic training in a manner that it credibly alleges will ““ccompromise[]” the Marine Corps’ 12 “national defense mission,” Opp. at 27—the public interest clearly