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

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2.17s

  • Oral argument — United States v. Lisa Lewis

    Oral argument · Oral argument · Sep 8, 2016

    But even if we thought that this slate was completely clean, she could raise this again, what good does that do you? The government continues to recommend 10 years. … After all was said and done, wasn't the 10-year period, there's a guideline range that gets calculated where the 10-year period is actually at the bottom of the guideline range, and then there was another

    16 min of audio
  • Oral argument — Eastern Hydroelectric Corporation v. Federal Energy Regulatory Commission

    Oral argument · Oral argument · Mar 8, 2018

    Yet other Federal and State resource agencies have a role as well under Section 401 of the Clean Water Act. The Georgia Department of Natural Resources has to issue a Clean Water Act certificate. … The State of Georgia has Clean Water Act authority, the Fish and Wildlife Service, and the National Marine Fishery Service. They have authority under Section 18 of the Federal Power Act, 16 U.S.C.

    32 min of audio
  • Oral argument — Ixcoy Herrera v. Garland

    Oral argument · Oral argument · Aug 30, 2022

    These are on pages 135 and 136 of the record, and I'm not just picking these out of the air. … They say periods of a few months, I think it was eight months there, isn't enough. Our briefing has cases that also have much longer periods that aren't enough.

    34 min of audio
  • Oral argument — North Idaho Community Action N v. United States Department o

    Oral argument · Oral argument · Aug 25, 2008

    But this process, as the Court's indicated, requires the Section 4 Army Corps of Engineers Clean Water Act permit. … As this Court has acknowledged in the Carmel-by-the-Sea case, when we have a NEPA project that will affect wetlands, the 404 permit is required, and it's a substantive statute, the Clean Water Act.

    47 min of audio
  • Oral argument — Flores v. Shephard

    Oral argument · Oral argument · Nov 8, 2007

    In particular, that Officer Shepard ran a license check on Antonio Flores, and it came back clean. There is no evidence in the record of that fact. … Penney's, when all this was going on, involved grab-and-run thefts that had existed for a period of time, a period of weeks, before this date, where the evidence in the case showed that people, groups,

    15 min of audio
  • Oral argument — Paolino v. JF Realty, LLC

    Oral argument · Oral argument · Dec 7, 2015

    To go to the second argument, Judge, about – Clean Water Act violation? A violation of the RIPTES permit can be a Clean Water Act violation, yes, Your Honor. … This is a made-up basis for a Clean Water Act violation.

    28 min of audio
  • Oral argument — Thorpe v. Weaver

    Oral argument · Oral argument · Apr 28, 2026

    This is not a lengthy period of time. … These actions, the things the officers did, getting him in a patrol car, getting air conditioning, talking to him, not ignoring him, those acts were not objectively unreasonable.

    46 min of audio
  • Oral argument — Video Gaming Technologies, Inc v. Bureau of Gambling Control

    Oral argument · Oral argument · Mar 10, 2009

    This is a – this enforcement had to do with a third party in this case, and we believe it is much more like the safe air for everyone case. … They made no effort at a reasonable accommodation in terms of time for the individual to clean up the nuisance.

    28 min of audio
  • Oral argument — United States v. Christopher Lancaster

    Oral argument · Oral argument · Mar 9, 2021

    You don't have any clean ruling of the error that we're talking about in McCollum or whatever is retroactive. You have a clean ruling in Chambers that the statutory error there was retroactive. … I think that that certainly chambers chambers uses the language about the retroactive nature of the air a lot.

    54 min of audio
  • Oral argument — McElroy v. Astrue

    Oral argument · Oral argument · May 9, 2007

    It would be making meals, cleaning the house, doing dishes and vacuuming. … He's not acting as a disability assessor. He's acting as a doctor. Right. And he notes the fibromyalgia. And ALJ did find this to be a severe impairment. And he's — it is a severe impairments case.

    23 min of audio
  • Oral argument — Veterans for Common Sense v. James Peake

    Oral argument · Oral argument · Dec 13, 2011

    These delays in the adjudication system had extended back for a period of decades. … But the limitations on the Court's ability to solve problems in the unreasonable delay context and the comments it made, including the comments referencing back to the Lujan v.

    60 min of audio
  • Oral argument — United States v. Timothy Wilson

    Oral argument · Oral argument · Oct 31, 2013

    He acts, and I'm sure Your Honors have watched the videotape. It's in the joint appendix. He acts absolutely unruffled during this. Whereas Mr. Wilson looks like a poster child for ADHD. … And so, again, this wasn't a case where there was an isolated comment, an isolated reference to drugs.

    43 min of audio
  • Oral argument — Craig Plumley v. Sempra Energy

    Oral argument · Oral argument · Feb 8, 2021

    That is particularly true in this lawsuit concerning a multi-year class period of public statements before and after the disastrous Aliso Canyon gas leak. … It dismissed the first amended complainer, FAC, without prejudice for failure to plead two elements of the Exchange Act can be claimed, falsity and scienter.

    32 min of audio
  • Oral argument — United States v. Jeffrey Johnson

    Oral argument · Oral argument · Jan 13, 2022

    in the very same piece of legislation, the anti-drug abuse act of 1986. … And as the Supreme court instructed in Rosello where Congress includes particular language in one section of a statute, but omits it in another section of the same act, it's presumed Congress acted intentionally

    23 min of audio
  • Oral argument — Catawba Riverkeeper Foundation v. NC Dept of Transportation

    Oral argument · Oral argument · Sep 21, 2016

    Hunter representing Clean Air Carolina and the Catawba Riverkeeper Foundation. There are an inordinate number of acronyms in this case. Yes, there are, Your Honor. … The numbers could be contained within the region, they could disappear in the thin air. They're not studied, they're not considered.

    41 min of audio
  • Oral argument — Hatem Shalabi v. Atlantic Richfield Co.

    Oral argument · Oral argument · Jun 3, 2014

    BP also agreed that it would do an investigation and that anything that that investigation revealed, it would clean up on its own dime. Well, 56 days later, so after the period of time that Mr. … has a three-year limitations period.

    31 min of audio
  • Oral argument — City of Belleville, Illinois v. Bethany Place

    Oral argument · Oral argument · Jul 10, 2014

    And the affirmative act must be an act of the municipality itself, such as legislation, rather than an unauthorized act of a ministerial officer. … So in this case, there is no affirmative act by the city inducing justifiable reliance on the defendant's part, upon which the defendant acted, because nothing had happened yet.

    42 min of audio
  • Oral argument — Bracamonte-Palma v. Garland

    Oral argument · Oral argument · Sep 11, 2024

    And now that the whole regime is up in the air, why shouldn't we be required to go back to our prior law? … Walk me through, just say we were, hypothetically, we had a clean slate and we're just trying to put the pieces together.

    25 min of audio
  • Oral argument — Southern Appalachian Mountain v. Red River Coal Company, Inc.

    Oral argument · Oral argument · Dec 8, 2020

    The Clean Water Act is point source. … Would the Clean Water Act permit in that circumstance cover the pollution in state standards? Both SMACRA and the Clean Water Act. No, no. Under the Clean Water Act. Under the Clean Water Act.

    48 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

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