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

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  • Oral argument — Tin Cup, LLC v. US Army Corps of Engineers

    Oral argument · Oral argument · Jun 13, 2018

    It was adopted with notice and comment. The Corps responded to those comments in the record. Tin Cup's consultants were among the commenters. … There's no reason to read the 1993 Act as making a permanent change to the Clean Water Act, which gives the Corps authority to identify where wetlands exist and where they don't.

    39 min of audio
  • Oral argument — Kentuckians for the Commonwealth v. USACE

    Oral argument · Oral argument · Feb 11, 2014

    I plan to focus this afternoon on the National Environmental Policy Act, or NEPA, claims, and I'll address the Clean Water Act claims briefly if time permits. … And that's the activity that the Corps has jurisdiction over under the Clean Water Act.

    33 min of audio
  • Oral argument — Midwest Ozone Group v. EPA

    Oral argument · Oral argument · Sep 28, 2022

    It is the fourth effort on the part of the Environmental Protection Agency to address the good neighbor provision, so-called good neighbor provision to the Clean Air Act. … Air Act.

    33 min of audio
  • Oral argument — American Sales & Management v. NLRB

    Oral argument · Oral argument · Nov 25, 2019

    That's WestJet, Bahamas Air, Delta, American Air, Spirit, and JetBlue. They perform different services for these. … Who did the cleaning of the compartments while the strike was going on? The strike, Your Honor, I believe management did some of the cleaning. At issue were two one-day strikes.

    25 min of audio
  • Oral argument — Wiest v. Lynch

    Oral argument · Oral argument · Oct 10, 2012

    And if you go back to Passaic Valley, that was a Clean Water Act case. So the concern of the employee had to be reasonably within a Clean Water Act dispute. No need to cite to the statute. … It doesn't exist in the Clean Water Act either, does it? Or the Clean Air Act? I don't believe it does, but it was something unique to the ERA.

    47 min of audio
  • Oral argument — Constitution Pipeline Company

    Oral argument · Oral argument · Nov 16, 2016

    Well, one of the conditions of the Clean Water Act is that they have to act within a reasonable period of time. Right. And not to exceed one year. Right. But the statute is fairly specific. … As stated by DEC, close to 15,000 public comments were submitted, just as the Clean Water Act and state law intended.

    46 min of audio
  • Oral argument — United States v. Maury

    Oral argument · Oral argument · Mar 29, 2012

    Davidson was a supervisor at Atlantic States, and he was acquitted of all the Clean Air Act and OSHA violations. … Act, about that essential element of jurisdiction, under the Clean Air Act they actually called a witness who testified about a joint federal-state program.

    60 min of audio
  • Oral argument — Idaho Conservation League v. USEPA

    Oral argument · Oral argument · Mar 5, 2020

    And the reason is the note and that language are more specific than anything than is in the Clean Water Act Provision 1319 before or after the Clean Water Act amendments. … There were a comment period. You've got response to comments.

    43 min of audio
  • Oral argument — State v. Einoder

    Oral argument · Oral argument · Nov 6, 2013

    But address the definition of waste under the Act. The definition of waste under the Act does contemplate clean construction and demolition debris. We covered that in the Ford Heights case. … During that period, which is the period of violation, the period of operating the site without a permit, she's not involved in the operation. What do you mean by involved?

    57 min of audio
  • Oral argument — In re Marriage of Debejar

    Oral argument · Oral argument · Mar 30, 2016

    I think it's fair to say that the obligation to pay the expenses was tied to her period of possession and Article VI clearly limited her period of possession to this roughly one and a half year period. … I mean, there are just vast precedents, perhaps most recently stated at length in the Supreme Court air safety case.

    46 min of audio
  • Oral argument — Shrimpers v. US Army Corps

    Oral argument · Oral argument · Feb 3, 2021

    The way that these processes typically work is that the developers get the various authorizations from FERC and all the various permits that they're required to get, the Clean Water Act, the Clean Air … And our claim is that the Clean Water Act does not allow that.

    38 min of audio
  • Oral argument — Mayor and City Council of Balt v. BP P.L.C.

    Oral argument · Oral argument · Jan 25, 2022

    Even though the Clean Air Act or Clean Water Act displaced common law, you're still arguing that the source of law is common law? Yes, that is correct. … Air Act.

    37 min of audio
  • Oral argument — Hughes v. Labor

    Oral argument · Oral argument · Oct 4, 2006

    Hughes by building her a clean room, removing computers from around that room, helping her to purchase an air freshener for the room, an air purifier for the room. … her purchase an air cleaner.

    27 min of audio
  • Oral argument — AXALTA Coalition Systems LLC v. Federal Aviation Administration

    Oral argument · Oral argument · Feb 20, 2025

    But here the Hazardous Materials Transportation Act and the civil penalty that's provided for here is really much more like the Clean Air Act penalty or the Securities Exchange Act penalty in Jarcusy. … Do you have any comment on that? Only that the ability to try to reconcile Atlas Roofing with Gergesy is beyond me.

    34 min of audio
  • Oral argument — NW Environmental Advocates v. NMFS

    Oral argument · Oral argument · Mar 7, 2006

    The sign-offs, as they were, by the states of Washington and Oregon under the Clean Water Act and Coastal Zone Management Act don't really have any bearing on the Corps' NEPA analysis for two main reasons … Despite having four public comment periods and two environmental impact statements upon which to make comments during those periods, the plaintiff offers no evidence that the Corps has overlooked any important

    42 min of audio
  • Oral argument — In Re Asbestos Products Liablity Litigation

    Oral argument · Oral argument · Jan 14, 2016

    And it was marked as high voltage and it was cleaned by using compressed air. Correct. … So if it was cleaned by using compressed air, even if there was not a whole lot of asbestos nonetheless, that could really get into the air pretty quickly if, in fact, it could be shown that there was

    40 min of audio
  • Oral argument — American Trucking Associations v. The City of Los Angeles

    Oral argument · Oral argument · Mar 4, 2009

    A lot of the provisions that are associated with the clean trucks program, not the concession program, are independent of the concession plans. … We need it to enforce the Clean Air Act mechanisms that are included. So are you using safety to carry out your environmental objectives? No. No. It's all one program.

    31 min of audio
  • Oral argument — Bruce v. McGraw Enterprises, Inc.

    Oral argument · Oral argument · Jun 17, 2015

    If we have to have expert testimony to establish that ice can melt even when the ambient air temperature, because the sun warms it quicker than the ambient air, then we're going to have to have an expert … The proximity, the clean lot, and the fact that snow can melt even if it's not, the ambient air temperature is not above 32 degrees.

    37 min of audio
  • Oral argument — United States v. Nichol, Rice & Pawlik

    Oral argument · Oral argument · Mar 7, 2005

    here I mean plain air is supposed to be you better well nobody's well I won't say that I didn't see the remedial interpretation of the Sentencing Act coming and and if you review the dissents you know … I would like to address a clean slate issue also.

    36 min of audio
  • Oral argument — State of West Virginia v. EPA

    Oral argument · Oral argument · Jan 17, 2025

    And I think this is reinforced by the fact that in other provisions of the Clean Air Act, Congress was specific when it said that EPA's guidelines are mandatory and binding on the states. … I'm wondering, I mean, you know, the Supreme Court has also in many contexts recognized the system of cooperative federalism under the Clean Air Act.

    77 min of audio

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