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Briefs, oral arguments, agency decisions and the Federal Register.

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  • Oral argument — Pyramid Technologies, Inc. v. Hartford Casualty Insurance Co

    Oral argument · Oral argument · Apr 11, 2013

    And we're talking about basically humidity conditions in air. What was the district judge thinking? I don't know. … I've seen a lot of cases where insurance companies act in bad faith. I just don't think this is one of them.

    32 min of audio
  • Oral argument — Clinchfield Coal Company v. DOWCP

    Oral argument · Oral argument · Oct 21, 2025

    And the interim presumption is critical to the whole Black, Alone Act proof scheme. … Additionally, in regards to those machine-printed comments, earlier in this decision, the ALJ reviewed something similar where the machine-printed comments noted it was a good effort.

    34 min of audio
  • Oral argument — and 03-16887 Defenders of Wildlife v. Flowers

    Oral argument · Oral argument · Apr 11, 2005

    But really, this is an Endangered Species Act case involving a Clean Water Act permit. … EPA was sued, much like the Corps was sued here, for alleged violations of the Clean Water Act.

    47 min of audio
  • Oral argument — International Leisure Products

    Oral argument · Oral argument · Aug 28, 2018

    One is you can fill it up with air so it floats. And the other is there's a place in the middle you can sit, like in an inner tube. That's right, Your Honor. … It was deficient when it was first presented to my prior counsel, who pointed out the defects in it and got it cleaned up.

    25 min of audio
  • Oral argument — Nat'l Paint v. Coatings Assoc.

    Oral argument · Oral argument · May 4, 2006

    May it please the Court, William Long on behalf of Appellant and Respondent, South Coast Air Quality Management District. … Judge Huff said that was not the case under the Clean Air Act. So is any agency implementing a state implementation plan acting under a federal officer for purposes of removal to federal court?

    21 min of audio
  • Oral argument — Tennessee Clean Water Network v. TVA

    Oral argument · Oral argument · Aug 2, 2018

    In other words, Congress made clear the Clean Water Act takes precedence over RCRA, not that RCRA's application would take precedent over the Clean Water Act. I don't think anybody said that. … I'd like to point out, if I could, on the issue of the Clean Water Act and hydrologic connection.

    32 min of audio
  • Oral argument — Cheyenne Desertrain v. City of Los Angeles

    Oral argument · Oral argument · Dec 5, 2013

    Well, they were told that this was a special task force, and that whoever it was wanted this place cleaned up, and they want it cleaned up now. Isn't that what happened? … I thought that you were commenting. I gave you a big question to answer. You didn't get it? I thought that you were making a comment. I very much apologize. What was your question?

    75 min of audio
  • Oral argument — RANDALL ASHER v. COLGATE-PALMOLIVE

    Oral argument · Oral argument · May 9, 2013

    Does polishing necessarily contain an abrasive act? And our answer to that is yes. It necessarily requires abrasion against the tooth to polish it. … How long was the period of discovery? Over a year, Your Honor. And the period for expert discovery was extended at least one time for disclosure of expert reports.

    37 min of audio
  • Oral argument — American Airlines, Inc. v. Robert Mawhinney

    Oral argument · Oral argument · Jul 11, 2018

    We're saying, or the FAA, we're saying you have a contract to arbitrate this, period. No. Has nothing to do with the FAA, has nothing to do with the Arbitration Act, your contract. Yes. … Well, based on your comments during Mr. Mawinney's comments, I thought I... I didn't understand your argument at all.

    43 min of audio
  • Oral argument — City Brewing Co. v. Liberty Mutual Fire Insurance Co.

    Oral argument · Oral argument · Jan 31, 2013

    It is slow moving over a long period of time. Slow moving over a long period of time captures the meaning of the term gradual. … It's just the fact that in ordinary air, there is a – it's called – well, ordinary air is H2O. Water is air in a vapor form.

    33 min of audio
  • Oral argument — Walton v. United States

    Oral argument · Oral argument · Nov 7, 2008

    But there's no reason to create a separate copyright doctrine where prisoners are employees under copyright law, even though they're not employees under the Clean Air Act, the Toxic Substances Control … Act, the Fair Labor Standards Act, or Title VII.

    29 min of audio
  • Oral argument — Don Huizenga v. ISD No. 11

    Oral argument · Oral argument · Mar 17, 2022

    And I won't read the whole thing, but I'm just going to clean it up a little bit. … Because they said there was no additional cost, period, period, period. Good. That's correct. There's no additional cost that's solely occasioned by the challenge conduct.

    30 min of audio
  • Oral argument — United States v. Christopher Lancaster

    Oral argument · Oral argument · Mar 9, 2021

    You don't have any clean ruling of the error that we're talking about in McCollum or whatever is retroactive. You have a clean ruling in Chambers that the statutory error there was retroactive. … I think that that certainly chambers chambers uses the language about the retroactive nature of the air a lot.

    54 min of audio
  • Oral argument — Upstate Forever v. Kinder Morgan Energy Partners

    Oral argument · Oral argument · Dec 7, 2017

    It says that this historic spill violates the Clean Water Act. … There may be a Clean Water Act violation.

    43 min of audio
  • Oral argument — Wilkins v. Williams

    Oral argument · Oral argument · Mar 19, 2013

    My name is Karen DeGrande and I'm here today on behalf of the defendant appellants Rhonda Williams and Superior Air Ground Ambulance Service, Inc. … And if the court finds that the Act applies, we think there's enough facts there to permit us, to grant us leave, to go back and clean up our pleadings to assert a cause of action.

    46 min of audio
  • Oral argument — U-Nest Holdings, Inc. v. Ascensus Coll. Sav. Rk'ing Svcs.

    Oral argument · Oral argument · Sep 6, 2023

    So I think what the judge was trying to say is maybe we should just open this up for discovery, period. And I didn't get that. … We acted timely and in due course, and are left without a remedy, and we find that to be unjust. Can I ask you one question on that point? Yes.

    23 min of audio
  • Oral argument — Allen v. Barr

    Oral argument · Oral argument · Dec 11, 2019

    Water Act. … And what we're stuck with is a situation where we're going to see continued this is not just a Clean Water Action case, it's also a case under the Natural Gas Act.

    74 min of audio
  • Oral argument — Flores v. Shephard

    Oral argument · Oral argument · Nov 8, 2007

    In particular, that Officer Shepard ran a license check on Antonio Flores, and it came back clean. There is no evidence in the record of that fact. … Penney's, when all this was going on, involved grab-and-run thefts that had existed for a period of time, a period of weeks, before this date, where the evidence in the case showed that people, groups,

    15 min of audio
  • Oral argument — Paradise Ridge Defense Coal v. Peter Hartman

    Oral argument · Oral argument · Nov 6, 2018

    And in fact, in the context of the Clean Water Act, they said all of the alternatives they're looking at are practicable. … They never said the other alternatives were not practicable, and in fact, in the Clean Water Act context, they said they were practicable.

    29 min of audio
  • Oral argument — Shannon Gosbin v. Jefferson County Commissioners

    Oral argument · Oral argument · Feb 1, 2018

    So for the 30-day period, the initial 30-day period that she was suspended, although the court seemed to indicate the record did not sustain or burden-shifting prima facie case standard, it's right there … And in exchange for that, they provided the county with services in the form of cleaning out lift stations that required cleaning and use of the vacuum truck. Mr.

    34 min of audio

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