Documents

Oral argument — United States v. Banks

Oral argument · Oral argument · Oct 18, 2006

So our standard review here is plain air? In all probability, yeah. But, I mean, again, if it's a — If you don't object to a jury instruction, our law is clear. It's plain air. … We require that they read the statute or act in peril if they don't read it. That's all.

Oral argument — Sherif El Dabe v. Calavo Growers, Inc.

Oral argument · Oral argument · Dec 6, 2017

The Diamonds district court stated, a clean audit opinion may possibly support the conclusion that defendants did not act with scienter, and that's where the district court stopped. … Well, number one, that you have three clean audits.

Oral argument — United States v. Orestes Hernandez

Oral argument · Oral argument · Feb 2, 2024

Because that seems to be the period with which we're talking about. … As judge Lux says, the words are in the air. So why isn't that explanation of imposition likewise binding here?

Oral argument — Secof Labor v. Trinity

Oral argument · Oral argument · Jun 22, 2009

But as this court said in the Clean Ocean case, as long as that regulation is on the books, the Secretary of Labor is bound by it. … The fact that the Trinity failed to test, that's the reason we don't have air samples or monitoring data.

Oral argument — Env TX Citizen Lobby v. ExxonMobil

Oral argument · Oral argument · Jun 28, 2022

Those injuries were essentially constant throughout the period. As this court found at least one plaintiff was present and complaining about impacts throughout the eight year period. … Whatever you think of article three, whatever you think about the causal nexus that is required between a data violation and a concrete and particular injury, the language of the Clean Air Act is unambiguous

Oral argument — E.T. v. Paxton

Oral argument · Oral argument · Feb 2, 2022

It does, but the finding is not supported and we believe would fall under either clear air review or as we noted in our brief, because the District Court's ADA and Rehabilitation Act analysis is so fundamentally … Actually, there was about a four-day period where that school lifted its mask mandate because a lot of students were vaccine eligible.

Oral argument — Vicaulic Comp v. Tieman

Oral argument · Oral argument · Jun 10, 2009

The Act, the Pennsylvania Trade Secrets Act, does provide for the potential of injunctive relief. … But an injunction was entered in Air Products, right?

Oral argument — Gino Velez Scott v. United States

Oral argument · Oral argument · Jan 25, 2018

And perhaps that might that should be the test if there is more than a colorable claim although I believe all claims of prosecutorial misconduct should be aired. … 55 which Stuart and Tompkins said you can't do right and I understand all of that but my point is simply we're trying to decide yes there are two things we're trying to decide did the district court act

Oral argument — Pekin Insurance Co. v. Centex Homes

Oral argument · Oral argument · Dec 14, 2016

Sounds to me this is the second fight in the air, but with CSR. Right. Well, I… How many fights do you want on this issue? I don't know. … Counsel, one parting comment I'd like to make. In your brief, you cited Pekin v. Hawk, which is a Rule 23. Yes, Your Honor.

Oral argument — United States v. Ronald Norman

Oral argument · Oral argument · Oct 5, 2015

Let me ask you this in respect of whether we should sous-spante, notice it, or plein air, or any of these other things that involve some element of discretion. … The fact of the gun being dirty or clean, the fact of who testified that they found the gun, which by the way, as I point out in my brief, there were no inconsistencies here. Mr.

Oral argument — David Kester v. CitiMortgage, Inc.

Oral argument · Oral argument · Jun 6, 2017

The seller is able to use that document to transfer title, to clean title. So what is the injury to the seller if the buyer gets clean title? I'm just not understanding. … Is there a risk after the 1-year period has passed?

Oral argument — United States v. Venjohn

Oral argument · Oral argument · Mar 21, 2024

It's plain air. It's plain air. So let's go through it briefly for a moment. Well, let me just ask you this. If Soltre were Colorado Supreme Court, you'd lose, right? Absolutely. Yes. … But it's plain air, right? So it has to be air and it has to be clear and obvious. And there was no objection. Let me ask you this.

Oral argument — American Rivers v. American Petroleum Institute

Oral argument · Oral argument · Nov 15, 2022

Now, the case here involves EPA's 2020 Clean Water Act Section 401 rule. That rule was the product of a multi-year rulemaking process and was informed by more than 100,000 public comments. … The rule that was vacated, as I understand it, basically put some time limitations on the act, the Clean Water Act, so that if a tribe, for example, didn't respond within a year, then the response was

Oral argument — Kathy Talley v. Michael Astrue

Oral argument · Oral argument · Oct 6, 2010

She was able to do the cleaning, mopping, washing dishes, doing the laundry at these clients' homes. And she even worked at cleaning houses during the relevant time period. … And so any comments they made were done before they saw any ‑‑ without seeing any kind of testing.

Oral argument — Bais Yaakov of Spring Valley v. Federal Communications Commission

Oral argument · Oral argument · Nov 8, 2016

And recall that this act, this Jump Fax Prevention Act, actually expanded the rights of senders of faxes after the FCC had curtailed them. … It doesn't matter that the statute, the Clean Air Act, provides for the fact that you can sue for violation of the regulation created by the EPA. This Court said EPA has no authority to do that.

Oral argument — Sierra Club v. Donald Trump

Oral argument · Oral argument · Nov 12, 2019

Act. … We have laws to enforce the Clean Water Act and the Clean Air Act, which Congress has specifically said apply to federal construction projects, and through their series of actions, it's really one set

Oral argument — People v. Nelson

Oral argument · Oral argument · Mar 5, 2019

So you want us to address it under plain air? I'm playing it. That's correct. You want us to address it on plain air on the first bomb? Yes, thank you for clarifying. It's a first bomb. … So when you're looking at intent, you're looking at the apus reus, the criminal act. Did the person who did the criminal act have the intent?

Oral argument — Houston Specialty Insurance Co v. Meadows West Con

Oral argument · Oral argument · Nov 3, 2015

Like, for example, you have to clean out the duct work on an annual basis. Doesn't require any demolition whatsoever. … I don't know, because I don't think, it's not in the record, I don't think my insurance company insured them during those other time periods.

Oral argument — Bread for the City v. US Department of Agriculture

Oral argument · Oral argument · Sep 7, 2017

A couple quick clean-up points to your question, Judge Rogers. I'd point you to pages 33 and 34 of the addendum. … What's the admissions threshold for getting a Clean Air Act permit? Is it 200 tons per year, 220 tons per year? How about spending on defense or education?

Oral argument — Kovac v. Wray

Oral argument · Oral argument · Mar 11, 2024

So that's where we get acts like the Homeland Security Act of 2002, where they're taking agencies from, you know, scattered across the government and consolidating them in, for example, under the umbrella … Air Act would have swept in many, many, many smaller sources, smaller emitters that hadn't previously been covered by the interpretation of the act, and the court didn't pause to ask whether UARG itself