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

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  • Oral argument — Alaska Community Action on Tox v. USEPA

    Oral argument · Oral argument · Mar 3, 2026

    effect on the national economy small businesses costs and benefits and cost-effectiveness In addition to the State Farm case I mentioned earlier there's also Michigan What Supreme Court had a statute Clean … Air Act that didn't talk about costs at all and didn't say reasonable But the court held that it was unreasonable to not consider costs and so when EPA is looking at petitioners comments saying you need

    31 min of audio
  • Oral argument — R Williams v. Occ Safety, Health

    Oral argument · Oral argument · Sep 11, 2006

    Zamba's knowledge was properly imputed to Williams because Zamba acted as a manager on the site. … The OSHA Act is very clear that the onus is on the employers to keep their employees safe.

    30 min of audio
  • Oral argument — Reyes v. Wenderlich

    Oral argument · Oral argument · Sep 23, 2019

    It simply removes air from the gallery. It doesn't cause the heat to circulate around the gallery. … There's no genuine dispute here that they acted with a sufficiently culpable state of mind akin to criminal recklessness.

    19 min of audio
  • Oral argument — Jesse Meyer v. Megan Brennan

    Oral argument · Oral argument · Jun 24, 2022

    And, and I appreciate the comment. Could I, could I ask you to move on in particular to the hostile environment claim? … That is also a specific offer given to her in her modified job offer that she performed periodic cleaning of the storage room and organized supplies because she was unable to perform letter carrier duties

    36 min of audio
  • Oral argument — OCEAN DUKE CORPORATION v. United States

    Oral argument · Oral argument · May 8, 2012

    So why not just go back and clean them all up? Or why not allow the motions for reconsideration once they come in and reduce the amount of the bond? … As far as the last comment, whether it's discretion under the agency to apply NFI, we believe it's an abuse of discretion standard, and that's what we want the Court to look at.

    26 min of audio
  • Oral argument — August Mack Environmental Inc. v. EPA

    Oral argument · Oral argument · Oct 26, 2020

    Did you all do work over the five-year period leading up to that? Your Honor, yes, there was work performed from 2012 to 2016. Trying to clean up that mess there, fair amount. Exactly, Your Honor. … Importantly, the approval under the Paperwork Reduction Act is not perpetual. Instead, the OMB director may not approve a collection of information for a period in excess of three years.

    45 min of audio
  • Oral argument — Barnaby v. Berryhill

    Oral argument · Oral argument · May 9, 2019

    But during this whole period, he had been diagnosed with moderate to severe COPD. He had had problems walking. He at various times couldn't walk 200 feet or 50 feet. … Dry cleaning. Yes, dry cleaning, essentially. And so that job is actually light work. So all three jobs that the ALJ found were viable.

    21 min of audio
  • Oral argument — Dvorak v. Clean Water Services

    Oral argument · Oral argument · Jul 11, 2008

    disabilities and impairments through its own actions as the employer's attorney trying to get the right answer, and here all we're dealing with is inferences that a record existed as well that they acted … was working on the workplace, and the district court said, well, the present information sometime later must be disregarded because both it's not addressing how he was at the time, and there was this period

    21 min of audio
  • Oral argument — United States v. Fawn Tadios

    Oral argument · Oral argument · Dec 8, 2015

    I didn't just pull it out of the air. Okay. It came out of the record somewhere. … I'm sorry, 80 hour pay period. That would be a lot. We expect a lot of travel employees. 40 hour week, 80 hour pay period. But then if she works 60 hours, she still gets paid for quote 40 hours.

    25 min of audio
  • Oral argument — SA Palm Beach, LLC v. Certain Underwriters at Lloyd

    Oral argument · Oral argument · Feb 8, 2022

    I can't tell you exactly what goes into cleaning anthrax, but I think we could agree that generally what happens is you need to have a piece of property where it's just cleaning. … And so we've got these other concerns that Aspen raised with regard to the exclusions, the Government Act exclusion.

    49 min of audio
  • Oral argument — E&J WINERY v. LICORES

    Oral argument · Oral argument · Feb 14, 2006

    And I'm happy to talk, Your Honor, about clean hands versus uncleaned hands in equity. Right. … First of all, let me see if I can just quickly touch on some points that were raised by counsel and respond to any questions that the panel may have in light of his comments.

    43 min of audio
  • Oral argument — Marshall v. HHS

    Oral argument · Oral argument · Sep 11, 2009

    And that's the key air that I think is very important precedentially. Of course, Mr. … Marshall the differential between the two salaries for the period of 2004 to 2006.

    34 min of audio
  • Oral argument — John Higgins v. Kentucky Sports Radio LLC

    Oral argument · Oral argument · Jan 30, 2020

    The likelihood of harm being caused or the words being acted on is higher. Well, the way that the First Amendment draws that line is to look at specifically what you said, the words being acted on. … And then he's rewarding them by reading those harassing comments on the air or online and then he's keeping score, laughing about how they've gone from 35 star reviews to 600 one star reviews and how this

    37 min of audio
  • Oral argument — IL School District v. St. Charles Community Unit

    Oral argument · Oral argument · Jun 9, 2011

    Your Honor, this apportionment issue arises often in environmental cases because you're dealing with a period of coverage over a period of years. … Basically, it's an indoor air quality case, and many of the same principles apply.

    38 min of audio
  • Oral argument — In re: Algozine Masonry Restor v. Local 52 Chicago Area Joint We

    Oral argument · Oral argument · May 19, 2021

    What happened, Your Honor, during the relevant period, this is in the appendix B050, four employees had earned less than the $12,850 limit. We set out a chart for that. … Scanlon, could you comment briefly on what your position is about the state of the record as to the 15, 15, and 13 employees and whether they worked some requisite number of hours? Yes.

    19 min of audio
  • Oral argument — Joanna Park-Kim v. Daikin Applied Americas, Inc.

    Oral argument · Oral argument · Dec 4, 2018

    Was discovery made within the express warranty period here? So I thought Krieger allowed tolling when discovery was made within the express warranty period. … I also would like to point out to the Court, focus the Court's attention in on the Right of Repair Act or the RORA Act, the California Right to Repair Act.

    29 min of audio
  • Oral argument — LUCKY LITTER v. ITC

    Oral argument · Oral argument · Sep 13, 2010

    It doesn't operate on a periodical basis. Your Honor, that's what they're referring to with the time system, a periodic system. It's not cat input, it's not human input. It's periodic. … But you still have a timing system in these inventions, don't you, in that a certain set period of time elapses after the cat leaves the box before it starts the automatic cleaning?

    58 min of audio
  • Oral argument — Huron Mountain Club v. US Army Corps of Engineers

    Oral argument · Oral argument · Aug 1, 2013

    It's also under the Clean Water Act, I might add. Not just Rivers and Harbors, but Clean Water Act. … Why didn't you bring an action under the Clean Water Act? Pardon me? The Clean Water Act allows for a private cause of action, right? Why didn't you bring one?

    40 min of audio
  • Oral argument — Friends of Animals v. David Longly Bernhardt, in his official capacity as Secretary of the Interior and Center for Biological Diversity v. David Longly Bernhardt, in his official capacity as Secretary of the U.S. Department of the Interior

    Oral argument · Oral argument · Apr 22, 2020

    In December 2017, this Court held that enhancement findings made for Endangered Species Act trophy imports require notice and comment proceedings under Section 553 of the APA. … Well, it makes sense that a lot of the countrywide information might not change in a three-month period.

    59 min of audio
  • Oral argument — Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head

    Oral argument · Oral argument · Dec 6, 2016

    And so the settlement act was passed in a brief regulatory period after Cabazon, but before IGRA passed comprehensive regulatory gaming regulations. … But the settlement act didn't say, tribe, you cannot conduct gaming, period. The settlement act said, tribe, you conduct gaming consistent with the laws of Massachusetts.

    40 min of audio

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