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  • Petition for Writ of Certiorari — Infelise v. United States

    Supreme Court brief · Petition for Writ of Certiorari · 2000

    On April 24, 1996, Congress enacted the Antiterrorism and Effective Death Penalty Act (“AEDPA”). … Legal also recalls Bell- avia and DeLaurentis also making similar comments.

    530 U.S. 1263
  • Joint Appendix — Department of Education, et al., Petitioners v. Myra Brown, et al.

    Supreme Court brief · Joint Appendix · Jan 4, 2023

    Cir. 2005) (If the agency “effects a substantive change in the regulation, notice and comment are required.” (cleaned up)). 71. … First, they argue that Plaintiffs could not have suffered a procedural deprivation based on the lack of a notice-and-comment period because the HEROES Act expressly exempts the APA’s notice-and-comment

  • Amicus Curiae Brief — Suncor Energy (U.S.A.) Inc., et al., Petitioners v. Board of County Commissioners of Boulder County, et al.

    Supreme Court brief · Amicus Curiae Brief · Jul 8, 2022

    It held unanimously that the climate claims there sounded in the federal common law and that Congress displaced any such claims when it enacted the Clean Air Act. See id. at 424. … Second, and only then, did the Court hold Congress displaced through the Clean Air Act remedies that might be granted under federal common law. See AEP, 564 U.S. at 425.

  • Opposition — Ditlow v. Pan American World Airways

    Supreme Court brief · Opposition · 1976

    STATEMENT OF THE CASE During the relevant period, the respondent air car- riers (hereinafter “the carriers”) were members of the International Air Transport Association (hereinafter “TATA’’).' … The delay was due to the fact that the CAB directed the carriers to file economic justifications for the agree- ments and permitted interested parties to file comments.

    426 U.S. 949
  • Respondents Brief — Environmental Protection Agency v. Defenders of Wildlife

    Supreme Court brief · Respondents Brief · 2007

    Whether the court of appeals correctly held that EPA's decision to transfer permitting authority to Arizona under Section 402(b) of the Clean Water Act was arbitrary and capricious because it was based … See, e.g., Air Courier Conference of Am. v. Am.

    549 U.S. 1105
  • Amicus Curiae Brief — Sturgeon v. Masica, 136 S. Ct. 27 (2015) (No. 14-1209)

    Supreme Court brief · Amicus Curiae Brief · 2015

    , the Clean Air Act, the Civil Rights Act, and any other generally-applicable federal legis- lation: Those private lands, and those public lands owned by the state of Alaska or a subordi- nate political … Federal laws and regulations of general applicability to both private and public lands, such as the Clean Air Act, the Water Pollution Control Act, U.S.

  • Respondents Brief — Department of Education, et al., Petitioners v. Myra Brown, et al.

    Supreme Court brief · Respondents Brief · Jan 27, 2023

    period.” … Through the Clean Air Act, Congress had given Massachusetts a “procedural right to challenge the rejection of its rulemaking petition as arbitrary and capricious.” Id. at 520.

  • Opinion — Lochner v. New York

    Supreme Court brief · Opinion · 1905

    State of New York. 5 ments, in which, as all know, the air constantly breathed by workmen is not qs pure and healthful as that to be found in some other establish- ments or out of doors. … During periods of epidemic diseases the bakers are generally the first to succumb to the disease, and the number swept away during such periods far exceeds the number of other crafts in comparison to

    198 U.S. 45
  • Petition for Writ of Certiorari — Dairy Products Co. v. Sleeth

    Supreme Court brief · Petition for Writ of Certiorari · 1956

    Linde Air Products Co., (1950), 339 U. S. 605, this court held that, “A finding of equivalence is determination of fact. … Mandamus will lie where there is a clear legal right to the performance of a particular act or duty at the hands of the respondent, and such act or duty is of a ministerial nature’ rather than one involving

    351 U.S. 966
  • Amicus Curiae Brief — K Mart Corp. v. Cartier, Inc. (No. 86-495)

    Supreme Court brief · Amicus Curiae Brief · 1988

    Lec Cee S Ce Se eee Sa VAWe potas eeoezess 9 42 U.S.C. § 7401, et seq., Clean Air Act................ 5,8 42 U.S.C. § 7521, Energy Policy and Conservation Act. . 10 Ariz. Rev. Stat. … Savings Act, 15 U.S.C. § 1901, et seg.; emissions standards, warranties, reporting and recall provisions in the Clean Air Act, 42 U.S.C. § 7401, et seg.; noise standards in the Noise Control Act of

  • Petition for Writ of Certiorari — Sunoco LP, et al., Petitioners v. City and County of Honolulu, Hawaii, et al.

    Supreme Court brief · Petition for Writ of Certiorari · Dec 2, 2022

    These inherently federal claims, however, have been displaced by the Clean Air Act. Ibid. … Only federal common law could apply, but the Clean Air Act “displaced federal common law” and did “not authorize States to impose their state tort law on [this] conduct.” Id. at 7.

  • Petition for Writ of Certiorari — Children's Legal Foundation, Inc. v. Action for Children's Television

    Supreme Court brief · Petition for Writ of Certiorari · 1992

    Time channeling would establish a specific time period during which non-obscene, but indecent adult- oriented programming could be aired. … Exhibit G; Bonneville Comments at 8. 8 ACT I, 852 F.2d at 1341. »”” AFA Comments at 29.

    503 U.S. 913
  • Reply Brief — Monsanto Co. v. United States

    Supreme Court brief · Reply Brief · 1989

    Korean Air Lines, 109 S.Ct. 1676 (1989)........ccc0ccc000. 7 Kelly v. United States, 23 Env’t Rep. Cas. … Amendments and Reauthorization Act (“SARA”) Pub.L.

    490 U.S. 1106
  • Petition for Writ of Certiorari — Erickson v. United States (No. 07-316)

    Supreme Court brief · Petition for Writ of Certiorari · 2007

    While the Air Force court held that the comments in this case went well outside the bounds of fair comment and amounted to plain and obvious error, it found no material prejudice to Erickson's substantial … Additionally, he committed indecent acts, used indecent language, and took indecent liberties with her over a period of several years.

  • Amicus Curiae Brief — Campbell v. Acuff-Rose Music, Inc.

    Supreme Court brief · Amicus Curiae Brief · 1994

    Commentators have made the same distinction, e.g., Wendy J. … Cole Porter’s song “Night and Day” was licensed for use in advertisements for Audi and for Air France.

    510 U.S. 569
  • Petition for Writ of Certiorari — City of Long Beach v. Aircal Inc.

    Supreme Court brief · Petition for Writ of Certiorari · 1987

    While it is obviously em- powered to assure that neighborhoods are merely livable, its discretion is also broad enough “to lay out zones where ... the blessings of quiet seclusion and clean air make … Upon receipt of the City’s reeommenda- tions, comments will be solicited from all interested parties. IT IS SO ORDERED. LAUGHLIN E. WATERS Sr.

    484 U.S. 827
  • Petition for Writ of Certiorari — Granberry v. Islay Investments

    Supreme Court brief · Petition for Writ of Certiorari · 1995

    (See Comment, California Liquidated Dam- ages (1979) 16 San Diego L.Rev. 967, 974, fn. omitted.) … GILBERT, Acting P.J., and YEGAN, J., concur.

    516 U.S. 866
  • Amicus Curiae Brief — Cooper Industries, Inc. v. Aviall Services, Inc.

    Supreme Court brief · Amicus Curiae Brief · 2004

    liable for the costs of these clean-ups.”). 3 CERCLA provides the President (acting primarily through the Environmental Protection Agency (EPA), see Exec. … Pt. 300; see also CERCLA § 101(23), (24) and (31), 42 U.S.C. 9601(23), (24) and (31); Clean Water Act of 1977 (CWA) § 311(c) and (d), 33 U.S.C. 1321(c) and (d).

    543 U.S. 157
  • Petition — American Textile Mfrs. Institute, Inc. v. Donovan

    Supreme Court brief · Petition · 1981

    The Standard Of Review Applied By The Court Of Appeals To Sustain Economic Feasibility And Tne Four Year Compliance Period Section 6(f) of the Act requires that OSHA standards are to be given finality … Similarly, the Clean Air Act Amendments of 1977 include an explicit mandate for employee earnings protection. See 42 U.S.C. § 7410(a) (6). °° Slip Opinion, pp. 77-80 (App. 95-98).

    452 U.S. 490
  • Opposition Brief — Grine v. Coombs

    Supreme Court brief · Opposition Brief · 2002

    SF RUMITTE cencttcsnittinssscaseivelaestvateniebondudobooninvinonvesaevsvetocesvovevecens Delaware Valley Citizens Council for Clean Air v. … See also Delaware Valley Citizens Council for Clean Air v.

    537 U.S. 1028

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