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

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  • Oral argument — Revitalizing Auto Communities v. National Grid USA

    Oral argument · Oral argument · May 28, 2021

    But there's no mention there of the cleaning, which did trigger the limitations period. The court... … And why should we look at it as if RACER were acting as you acknowledge GM would be allowed to act as just an entity that is engaging in cleanup efforts and therefore can proceed under 107?

    93 min of audio
  • Oral argument — Robert McChesney v. Caroline C. Hunter

    Oral argument · Oral argument · May 15, 2018

    If the commission finds probable cause to believe there is a mandatory conciliation period and at the end of that conciliation period, if there is not an agreement reached, the commission may make a determination … In this case, the commission's waiver of notice and comment and also waiver of a 30-day time period after its decision on the regulations squarely falls within the good cause exception.

    21 min of audio
  • Oral argument — United States v. James Powers

    Oral argument · Oral argument · Jan 22, 2018

    Because, according to the Sentencing Commission, although Clean Air Act cases are environmental cases, Judge Tatel?

    17 min of audio
  • Oral argument — United States v. Edward Cragg

    Oral argument · Oral argument · Mar 4, 2020

    And they confront him by saying it's time to come clean, time to be honest, and then that's when they say that they've found files on his computer and they're going to analyze his computer. … And then there's another 20 pages of meandering conversation where they cover topics such as his hobbies, his computer building, his time in the Air Force. Craig just said... I don't know.

    31 min of audio
  • Oral argument — The Carle Foundation v. Illinois Department of Revenue

    Oral argument · Oral argument · May 16, 2023

    that period a merger with the clinic? … And then in 3, all applications which were pending as of the date of the act. That's right.

    84 min of audio
  • Oral argument — Holland v. Horn

    Oral argument · Oral argument · Jun 29, 2009

    Regarding your aid claim again, you've talked about the case itself, but we're not writing on a clean slate here. … But until 98, it still was sort of up in the air, wasn't it?

    60 min of audio
  • Oral argument — Broidy Capital Management LLC

    Oral argument · Oral argument · Oct 23, 2019

    Not only we agree with we made that argument in the district court in our appendix to our motion to dismiss where we had as a very specific argument that the act is, if you will, the slate is wiped clean … It wipes the slate clean before, and there's good reason why it wipes the slate clean before. And as to whether or not there was a need for discovery, Appellant wanted it both ways.

    37 min of audio
  • Oral argument — Motionless Keyboard v. Microsoft Corp

    Oral argument · Oral argument · Mar 5, 2007

    Adding the word in the air to me seems strange and artificial in light of the specification. I mean, one can't hold this in the air and one can generate electronic signals with it. … It's a simple act. I don't know what to say.

    48 min of audio
  • Oral argument — Delaware Riverkeeper Network v

    Oral argument · Oral argument · Dec 11, 2019

    The Clean Water Act, 33 U.S.C. 1342b3, makes it clear that a state permit that would authorize a discharge of pollutants into the waters, that before ruling on such an application, the state must ensure … And what we're stuck with is a situation where we're going to see a continued – this is not just a Clean Water Action case. It's also a case under the Natural Gas Act.

    56 min of audio
  • Oral argument — Dana Anderson v. Surgery Center of Cullman, Inc.

    Oral argument · Oral argument · May 22, 2020

    They could have made the environment safe by merely saying, our nurses are not going to serve these doctors unless you clean up your act. They're separate. … If the doctors weren't going to clean up their act, I think SCA has an obligation not to encourage the women to stay there and see what happens, but to stand up for the women and say, you're right.

    56 min of audio
  • Oral argument — Naturaland Trust v. Dakota Finance LLC

    Oral argument · Oral argument · May 5, 2022

    Well, I think in Gwaltney, the court held that the Clean Water Act citizen suit is limited to claims for ongoing violations of the Act. Agree. I don't think Gwaltney extends the text. … There's another argument that, look, the administrative penalties are pretty steep as under the Clean Water Act. It can be, I think, up to $25,000 or something a day.

    43 min of audio
  • Oral argument — Stanley v. CUNY, John Jay College

    Oral argument · Oral argument · Mar 8, 2024

    And during that period of time, he engaged in protective activity four times. … And as to the Rehabilitation Act claim, the earlier comments and the things that you're talking about prior to 2017 were not tied to protected conduct under the Rehabilitation Act.

    22 min of audio
  • Oral argument — Animal Protection and Rescue L v. State of Calfornia

    Oral argument · Oral argument · Jun 4, 2008

    They say that now we have to get a Clean Water Act permit. They also – I mean, let's say you admit that they need to get a Clean Water Act permit, right? Yes. … Just like the Clean Water Act. I mean, let's say, in fact, you try to get a Clean Water Act permit, and the federal agency – what is it, the EPA? I forget who – is it the Corps of Engineers?

    54 min of audio
  • Oral argument — United States v. Trini Thomas, Jr.

    Oral argument · Oral argument · May 12, 2021

    And then he lived there for a period of time. … And in that period in that period Mr thomas alone was responsible for distributing 1.5 kilograms of actual meth and 100 grams of heroin.

    26 min of audio
  • Oral argument — Marggieh Dicarlo v. MoneyLion, Inc.

    Oral argument · Oral argument · Dec 11, 2020

    Air Act. … There was also some comments made about the fact that you know we don't have anything in our briefs other than PAGA and some references to other cases or courts which I guess have dealt with an issue of

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

    Oral argument · Oral argument · Nov 6, 2007

    Do you think we should comment on the issue of reasonableness at all if we do send it back under the prior precedent? … Yes, they were concurrent, but that resulted in a three-year period of supervisory lease.

    18 min of audio
  • Oral argument — State of Louisiana v. BP America Production Compan

    Oral argument · Oral argument · Dec 4, 2020

    Then they're supposed to actually be at the department holds a hearing, where I guess people can comment on the remediation plan. … So I don't know if you want to comment on, it's that Part C that to me gives the strongest basis, the strongest color, like maybe there is some room for issue.

    36 min of audio
  • Oral argument — Columbus Allen, Jr. v. Adam Christianson

    Oral argument · Oral argument · Jun 11, 2012

    So if there still is, if they agree upon the treatment but the equipment's not available, I don't think that's the fault of the doctor acting with deliberate indifference. … A dismissal where there was no opportunity to discover facts or to submit anything other than just a dismissal period.

    25 min of audio
  • Oral argument — Garcia v. Ashcroft

    Oral argument · Oral argument · Mar 11, 2004

    And so they acted with diligence in coming to this Court and saying, could you extend our voluntary departure period because that period hadn't run. In this case, the period had run. … I'm not sure why it's a clean hands argument. Usually when I hear clean hands, I hear that somebody's done something sneaky, they've done something underhanded, they've committed some wrong.

    21 min of audio
  • Oral argument — Valero Energy Corporation v. EPA

    Oral argument · Oral argument · Nov 8, 2018

    And so this is just something floating in the air. … And then how do I get that claim aired? How do I get judicial review of that claim?

    48 min of audio

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