Documents

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

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  • Oral argument — United States v. Windsor Kessler, III

    Oral argument · Oral argument · Mar 10, 2023

    And I think that that in and of itself bears on the question of whether indeed there were objections that preserved for an appellate review other than plain air, because... … And it seems to me that the probation officer acted somewhat aggressive right outside the courtroom and say, here, take it or leave it. Why not just clean the case up?

    55 min of audio
  • Oral argument — Pedersen v. Akona

    Oral argument · Oral argument · May 8, 2007

    I represent the Defendants Clean Products, formerly known as Acona, and Stephen Hodges. … Oh, Your Honor, can I just comment real quickly on one question that you asked Mr. Martin? Okay.

    34 min of audio
  • Oral argument — August Mack Environmental Inc. v. EPA

    Oral argument · Oral argument · Oct 26, 2020

    Did you all do work over the five-year period leading up to that? Your Honor, yes, there was work performed from 2012 to 2016. Trying to clean up that mess there, fair amount. Exactly, Your Honor. … Importantly, the approval under the Paperwork Reduction Act is not perpetual. Instead, the OMB director may not approve a collection of information for a period in excess of three years.

    45 min of audio
  • Oral argument — SA Palm Beach, LLC v. Certain Underwriters at Lloyd

    Oral argument · Oral argument · Feb 8, 2022

    I can't tell you exactly what goes into cleaning anthrax, but I think we could agree that generally what happens is you need to have a piece of property where it's just cleaning. … And so we've got these other concerns that Aspen raised with regard to the exclusions, the Government Act exclusion.

    49 min of audio
  • Oral argument — Citizens Opposing Pollution v. Exxon Mobil Coal USA

    Oral argument · Oral argument · Dec 1, 2009

    It says preventing pollution, preventing land pollution, water pollution, air pollution. It talks about striking a balance between environmental protection and agricultural productivity. … Lo and behold, it is a permanent impoundment of something other than clean water.

    48 min of audio
  • Oral argument — United States v. CITGO Petroleum Corporation

    Oral argument · Oral argument · Apr 9, 2015

    Well, it's during the period of the violation, yes, sir. The period of the violation is alleged to be 94 to May of 2000. I'm sorry. I'm sorry. I thought they said something about 50% at some time. … What they explained in their final version was that they weren't going to narrow it in response to comments. But then they created a separate deal for equalization tanks.

    43 min of audio
  • Oral argument — People v. Aero Specialty, Inc.

    Oral argument · Oral argument · Jun 24, 2015

    And he did a follow-up investigation because they gave Arrow time to clean up, which is pretty customary. Yes, John. … They gave Arrow time to clean up, and so I just need to understand what it is that gave rise to the violation.

    39 min of audio
  • Oral argument — United States v. Rex A. Hopper

    Oral argument · Oral argument · Feb 12, 2021

    course is that there are courts of appeals that see remands differently and the 11th Circuit in Burke which is the criminal history issue is basically says a vacator in the 11th Circuit wipes the slate clean … away from the guidelines that's a pretty powerful argument it seems to me that you know under 3553 a at a minimum whether whether you're talking about an intervening murder in prison or perhaps a heroic act

    25 min of audio
  • Oral argument — Waddoups v. Air Force

    Oral argument · Oral argument · Dec 7, 2006

    does have delegated authority, and then you'd have to figure out the scope of his delegated authority, the nature of his discretion, whether his discretion is broad, whether there's any remedy if he acts … He hadn't said that before to a supervisor, to a supervisor who had, in fact, been responsive about finding a treatment facility within the period permitted.

    29 min of audio
  • Oral argument — City & County of San Francisco v. US Dept of Transportation

    Oral argument · Oral argument · May 13, 2015

    Whitman, where the statute provided that the EPA shall institute a civil action if it finds a violation of the Clean Water Act. … So the Clean Air Act's citizen supervision was passed, was instituted in 1970, the Clean Water Act in 1972, the Endangered Species Act in 1973, and this was instituted in 1976.

    43 min of audio
  • Oral argument — Donald Wortman v. All Nippon Airways

    Oral argument · Oral argument · Jan 13, 2017

    So, Your Honor, that comment was in the context of advertisements. … And what's critical about what happened in this case around 2000, I think it was a 1995 announcement, and then 2000 was when I added the International Air and Transportation Competition Act was passed,

    35 min of audio
  • Oral argument — Caburnay v. Norwegian American Hospital

    Oral argument · Oral argument · Dec 6, 2011

    We first have several, the lapse of a lengthy period of time in which Dr. … It's also used as a premises liability case where the premises become defective through the act of the owner. Here we have a mat, arguably defective, put down by the hospital.

    40 min of audio
  • Oral argument — Smith v. DHS

    Oral argument · Oral argument · Jan 4, 2016

    During the investigation that took place when the Federal Air Marshals were told that the incident had occurred at a particular period of time based upon ambulance records and based upon hospital records … I have a comment. It seems to me that the confidentiality markings in your briefs are improper.

    24 min of audio
  • Oral argument — Avaya Inc v. Telecom Labs

    Oral argument · Oral argument · Jan 20, 2016

    are entitled to a new trial even as to the prior period. … First of all, it's not the holding of either Queen City or Harrison Air, and it's not the implication of either Queen City or Harrison Air. Starting with Harrison Air, hold just a moment.

    71 min of audio
  • Oral argument — MONTALVO v. SPIRIT AIRLINES

    Oral argument · Oral argument · Apr 16, 2007

    There's no comment by Congress. … The field that Judge Garth had participated on, that is addressing framed in terms of the field of air safety.

    64 min of audio
  • Oral argument — R Williams v. Occ Safety, Health

    Oral argument · Oral argument · Sep 11, 2006

    Zamba's knowledge was properly imputed to Williams because Zamba acted as a manager on the site. … The OSHA Act is very clear that the onus is on the employers to keep their employees safe.

    30 min of audio
  • Oral argument — Murphy v. Kinnaly Flaherty Krentz Loran Hodge & Masur, P.C.

    Oral argument · Oral argument · Jun 11, 2019

    Period. Full stop. The executor's claim that air safety bars only pre and allows post is just made up. That conclusion cannot be reasonably drawn from the Supreme Court opinion. … Listen, with respect to counsel's comment about extrinsic evidence, you acknowledge what air safety says, correct? I do. Justice Heupel, I do acknowledge it.

    44 min of audio
  • Oral argument — San Francisco Bay Conservation v. U.S. Army Corps of Engineers

    Oral argument · Oral argument · Jun 14, 2021

    The challenge 2017 decision in this case the Corps relied on its federal standard policy as the sole justification for refusing to comply with certain Coastal Zone Management Act and Clean Water Act the … and did not do so here so the NOAA approval is not related to the Clean Water Act that is under the Coastal Zone Management Act right and that is Ms.

    45 min of audio
  • Oral argument — United States v. James Honesty

    Oral argument · Oral argument · Feb 10, 2026

    Those are improper statements and comments when the government agrees to cap its allocution. … it apply in this case and that's at 729 the defendant argued the prosecutor had essentially effectively effectively agree the court should apply an enhancement this court rejected it said not only not clean

    55 min of audio
  • Oral argument — Friends of Animals v. Sally Jewell

    Oral argument · Oral argument · May 16, 2016

    For example, if you look at this circuit's decision in Ethel Corporation under the Clean Air Act, there was monitoring and reporting requirements. … You can do that by saying the Secretary still hasn't acted. Yes, Your Honor, we can tell our members that the Secretary hasn't acted, but we can't update them on the status of the species. Why not?

    26 min of audio

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