Documents

Oral argument — United States v. Starnes

Oral argument · Oral argument · Jun 10, 2009

Starnes was exercising supervision and control over those actively involved in the Clean Air Act violations, all statements said? … But I don't think it's possible to dissect the undue prejudice relating to the Clean Air Act, while statelessly trying to say that really all went part and parcel together.

Oral argument — Whitmoreetal v. Liberty Mutual Fire Ins Co

Oral argument · Oral argument · Nov 20, 2009

Air Act and the definition of pollutant in the Clean Air Act and found that the constituents that were released as fumes were pollutants. … But the Clean Air Act, by definition, does not apply to releases within a building. It only applies to releases into the ambient air, which has been defined as releases outside of a building.

Oral argument — Chevron Corpvs.City of Hoboken B.P America Inc.B Pp.l.cetal.vs.State of Delaware,exrel.Kathleen Jennings,Attorney General of Delaware

Oral argument · Oral argument · Jun 21, 2022

And that's what Milwaukee 2 talks about for the Clean Water Act, and that's what AEP makes clear for the Clean Air Act. I've heard a few of that, and I asked your opponent about that. … It does seem to me that the Clean Air Act did do that.

Oral argument — Shamokin Filler Company, Inc. v. Federal Mine Safety and Health Review Commission

Oral argument · Oral argument · Dec 10, 2013

I have these terms, breaking, crushing, sizing, cleaning, washing, drying, mixing, storing. Yes, that is the definition in Section 3I of the Mine Act. … We don't do the cleaning. I thought you did wash. You don't wash? We manufacture. We blend it, coal. But you dry it, don't you?

Oral argument — 23_3094_Zodoac Pool Systems v. US Dept of Energy

Oral argument · Oral argument · Oct 30, 2024

It was a rulemaking question of whether the preserved or not preserved issue was an issue of statutory authority, whether the EPA exceeded its authority under the Clean Air Act. … It didn't focus on the particular provision in the Clean Air Act for statutory exhaustion. Instead, it relied on more general principles of forfeiture.

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.

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.

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

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.

Oral argument — Delaware Riverkeeper Network v. US Army Corps of Engineers

Oral argument · Oral argument · Jul 13, 2017

And the Corps, in this case, followed the appropriate process under the Clean Water Act 404 guidelines and, importantly, under the interagency agreement and the interagency framework in this particular … FERC doesn't do analysis of the Clean Water Act and whether or not the project complies with the Clean Water Act. So it's completely irrelevant, completely irrelevant.

Oral argument — TSGInc v. USenvironmentalprotection

Oral argument · Oral argument · Jun 10, 2009

This case arises from a determination made by EPA under a federal regulation promulgated under the Clean Air Act. This is a preliminary question. … But for an exception to, for example, in a new source performance standard case, that is a different process, but also under the Clean Air Act Section 111 instead of 112, I've seen an exception like that

Oral argument — Baptiste v. Bethlehem Landfill Company

Oral argument · Oral argument · Dec 9, 2019

Before this, the tactic du jour was the idea that these common law claims are preempted by the Clean Air Act. … In that case, this court rejected the argument that these claims were displaced by the Clean Air Act.

Oral argument — Delaware Riverkeeper Network,etal. v. Secretary Pennsylvania Department of Environm.Protection,etal.

Oral argument · Oral argument · Oct 29, 2015

Gas Act, particularly because the Clean Water Act and the Natural Gas Act did not bestow any rights upon the state. … But if the public comment period is closed, the public comment period is closed.

Oral argument — Christ the King Manor v. Sec US Dept of Health

Oral argument · Oral argument · Nov 2, 2016

This isn't the Administrative Outcomes Act. It's the Administrative Procedure Act. So procedure matters here. … Circuit's decision in the Medical Waste Institute case in which there had been an initial decision that the agency had EPA in setting Clean Air Act standards for medical waste incinerators, had basically

Oral argument — In Re Flintkote Co

Oral argument · Oral argument · Jun 17, 2016

So what are the 12 years that the state did not act? In the 12 years, the state never wants it. What is that time period? Is it 94 to 06? 94 to 2006. So the DEP never comes in. … If DEP is still acting, DEP preempts, and they haven't shown. Well, it doesn't look like. Did DEP do much between 1994 and 2006? They did. There's an extensive range of correspondence in that period.

Oral argument — Tinicum v. United States

Oral argument · Oral argument · Jun 10, 2009

a chilling effect on the growth and development of air transportation in this country. … The child cleans his room, comes to the parent, and says, you told me I could watch TV if and only if I clean my room. I've cleaned my room. Now can I watch TV?

Oral argument — United States v. Cruz

Oral argument · Oral argument · Jun 10, 2014

There were intermittent comments by Mr. Cruz. … You know, you're arguing plain air, and we asked the defense counsel about plain air. Judge Cowan alluded to it. Does it really make any difference here?

Oral argument — United States v. Leal

Oral argument · Oral argument · Apr 16, 2007

Yes, his hands were clean. There were many, many things that do not add up to reasonable suspicion. … Leal for the period. You mentioned Atwater. It would have been okay to arrest him here under Pennsylvania law because of the tinted windows. You're not pursuing that.

Oral argument — Delaware Riverkeeper Networketal. v. Sec of the Pennsylvania Dept

Oral argument · Oral argument · Jul 13, 2017

Well, I think that the interpretations of the Clean Streams Law mirror how the Clean Water Act has been interpreted. … It's a 30-day period under state law, under the Pennsylvania Clean Streams Law, the Dam Safety and Encroachments Act, and the implementing regulations concerning procedures before the Environmental Hearing

Oral argument — Attorney General NJ v. Dow Chemical Co

Oral argument · Oral argument · Apr 15, 2025

The chemical composition wasn't the same, but yes, for cold cleaning purposes. Okay. All right, I interrupted you. … You can't conduct an air war without a vapor degreasing solvent. There are studies that show that using the pre-existing cold cleaning solvents wouldn't work with the existing equipment.