Documents

Oral argument — A Community Voice v. USEPA

Oral argument · Oral argument · Oct 27, 2020

Respectfully, here in this case, in this TSCA Title IV, we have the same situation we have in the Clean Air Act. … The statutory language in Whitman from the Clean Air Act was requisite to protect.

Oral argument — Medical Advocates for Healthy v. USEPA

Oral argument · Oral argument · Feb 12, 2015

Now, that's what happens under the literal language of the Clean Air Act. When an act is revoked and the designations go away, all of the controls are tied to your designated attainment status. … And a good example of that is Section 193 of the Clean Air Act. It's 42 U.S.C.

Oral argument — United States v. Calkins

Oral argument · Oral argument · Apr 16, 2008

We rely on the Federal Probation Act. … We don't know whether ten years of clean-up, I mean, ten years of air monitoring was included or not.

Oral argument — United States v. Adolfo Flores-Cortes

Oral argument · Oral argument · Nov 8, 2012

He made some unfortunate comments, didn't he? Well, you know, I don't know that I'd characterize him that way. … So, first of all, I think even if it is, even if we're on plain air, there is plain air, because the factual finding or the consideration of the 39-month sentence prior is clearly erroneous and certainly

Oral argument — Stand Up for California! v. USDOI

Oral argument · Oral argument · Feb 18, 2020

Air Act. … Here, by contrast, we have a situation where there's nothing in AGRA that prevents the Secretary from complying with NEPA or the Clean Air Act, and there is no mandatory timeline, there is no sealing off

Oral argument — Techno Coatings v. OSHC

Oral argument · Oral argument · Apr 7, 2006

The Secretary, in her opening comments, in her opening comments says that this, well, before that even, the citation is significant, cites the San Bernardino job. It cites it in the citation. … They took employee air monitoring at Pier 10 of the bridge.

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.

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.

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

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.

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.

Oral argument — Kandi v. United States

Oral argument · Oral argument · Aug 7, 2008

In Chevron, as the court will recall, we were dealing with an EPA regulation dealing with the Clean Air Act, where one administration, the Carter administration, in 1980 had one interpretation of what … In 2005, they issue another notice and comment procedure, and they get commentary in, so that in 2007, they go ahead and they say, aha.

Oral argument — Saint John's Organic v. Gem County Mosquito

Oral argument · Oral argument · Mar 10, 2009

That's the mechanism of, that is what is available under the Clean Water Act. You couldn't ask for relief that says stop spraying under the Clean Water Act. In fact, they have not stopped spraying. … It's a Clean Water Act case there, but they were citing to Supreme Court language in a Clean Air Act case. And we submit, Your Honors, that's the situation here.

Oral argument — Marvin Bagley, Jr. v. Bel-Aire Mechanical Inc

Oral argument · Oral argument · Jan 8, 2016

Is the transfer not outside the limitations period? The transfer itself was outside the limitations period. Right. Okay. … I guess my answer would be no, Your Honor, but the most important thing about the And it is a discreet act.

Oral argument — United National Maintenance v. San Diego Convention Center

Oral argument · Oral argument · Apr 6, 2017

And it requires that SDC know about those contracts that it interfered with, that it acted intentionally to interfere with those contracts, and that it acted without any justification. … There's a significant period of time here. The marketplace changes. Someone's gonna have the burden of the change of that marketplace.

Oral argument — Chemehuevi Indian Tribe v. Sally Jewell

Oral argument · Oral argument · Apr 7, 2014

The Non-Intercourse Act, Section 81, and in our position, Section 476 of the Indian Reorganization Act. … or the Clean Air Act.

Oral argument — Otay Land Company v. U.E. Ltd.

Oral argument · Oral argument · Sep 10, 2008

When a remedial action plan, which is in the future in this case, is done or proposed, and these are future events, then there is a public meeting and comment period and a responsiveness summary, which … We think, Your Honor, that the clean air decision of this Court applies.

Oral argument — Linda Baillie v. Medaire, Inc.

Oral argument · Oral argument · Mar 5, 2019

No, but the case law interpreted servants and agents who were acting in furtherance of the carriers, the air carrier. … Bailey started suffering a heart, started exhibiting the signs of a heart attack shortly after takeoff, and within a critical period of time when the plane was still able to divert to a location where

Oral argument — Cheyenne Tribe v. Norton

Oral argument · Oral argument · Sep 15, 2005

The National Historic Preservation Act and NEPA-Hartlet claims are submitted on briefs and will not be argued. … Well, if you don't own the air rights, they're not hurting some wilderness natural environment. What can you do except buy the air rights?

Oral argument — United States v. Nancy Oliver

Oral argument · Oral argument · Jul 26, 2010

It can't be how Congress intended to deal with this, because Congress singled out these wastes specifically in the Clean Air Act, and the exemption that the construction of the exemption that the Olivers … Air Act.