Documents

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

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  • Oral argument — Cntr for Biological v. US Fish & Wildlife

    Oral argument · Oral argument · Mar 5, 2008

    It's a three-month period. … No reason to think they are going to be cleaned up. The whole reason for putting some area on a threatened or endangered list is so that there will be some attention paid to cleaning it up.

    48 min of audio
  • Oral argument — HAAS v. DVA

    Oral argument · Oral argument · Nov 7, 2007

    It may not have been covered by the time period of the NHL regulation in 3.313, but now could be service-connected based upon the fact that it was included in the Agent Orange Act itself in 1116. 3.313 … Obviously when it's newly sprayed, there are droplets in the air.

    65 min of audio
  • Oral argument — Universal Welding & Fab. v. USACE.

    Oral argument · Oral argument · Aug 16, 2017

    The 14 or so acres of low-functioning wetlands that are on Universal Welding's Fairbanks property fall outside of the jurisdictional authority of the Army Corps of Engineers under the Clean Water Act, … One is the question of, are these features otherwise subject to the outermost limits of congressional delegated authority under the Clean Water Act?

    28 min of audio
  • Oral argument — Paiz Cruz v. Holder

    Oral argument · Oral argument · Nov 3, 2010

    If you look at the asylum application, it indicates that the Petitioner was not living in the United States during the time period that she later states in her cancellation of removal. … However, in this case, I don't believe that the comments or that her direction of testimony was, rose the level of a due process violation.

    23 min of audio
  • Oral argument — Tina Popa v. Nancy Berryhill

    Oral argument · Oral argument · May 16, 2017

    Um, and you know, sometimes we're actually fortunate that we can even get some comments in support of those assessment decisions. … I'm here to represent the Acting Commissioner of Social Security.

    26 min of audio
  • Oral argument — United States v. Nyandoro

    Oral argument · Oral argument · Apr 28, 2025

    The other claim that we are making is a claim based off of the facts on which the district court acted. Let me ask you this. … But 20 months is, I'm not saying the case turns over a period of time, but that is a long time. I think the reason behind the delay is also important, Carr says that.

    34 min of audio
  • Oral argument — Martin v. USPS

    Oral argument · Oral argument · Aug 7, 2008

    If it was a misunderstanding, there would be no reason why he wouldn't come clean right away. … But there comes a situation where an employee is willing to misrepresent himself over a two-month period, and this was noted in the letter of decision.

    27 min of audio
  • Oral argument — In Re: Charles Kinney

    Oral argument · Oral argument · Mar 7, 2017

    Well, the ADA law is an existing binding precedent, so is the Clean Water Act, so is stream protection as in the Toasty case. … water act, creating justice, wrong.

    61 min of audio
  • Oral argument — Darby Development Company, Inc. v. United States

    Oral argument · Oral argument · Sep 7, 2023

    The mere presence of migratory birds doesn't make something a water of the United States under the Clean Water Act, and therefore the EPA did not have any statutory authority to prevent the discharge of … That's no different from the Supreme Court saying, you know, you don't have authority under the Clean Water Act, merely because you found migratory birds in the lake bed to prevent a discharge.

    41 min of audio
  • Oral argument — American Whitewater v. FERC

    Oral argument · Oral argument · Mar 12, 2026

    And so you were taking comments and they intervened before that comment period, long before that comment period closed. … The last day of the open period for comments, and there's nothing inefficient about that because it's a public comment period.

    116 min of audio
  • Oral argument — United States v. KNOPFLE

    Oral argument · Oral argument · Feb 4, 2004

    And under the Clean Water Act, it's very clear, and the appropriate regulation is very clear to which agency the defendant must report. … And had the defendant been convicted of under 33 U.S.C. 1319c1, a negligent violation of the Clean Water Act, that might have been sufficient.

    34 min of audio
  • Oral argument — Viacom International, Inc. v. MGA Entertainment, Inc.

    Oral argument · Oral argument · Jun 7, 2018

    I made notes indicating that Viacom aired the program more than 1,700 times during the three-year period, but that's ten times more than what they were required to do under the contract. … And then on top of that, they didn't pay even within that period, the 15-month period in which, on their case, the airing occurred.

    41 min of audio
  • Oral argument — Coalition for Humane Immigrant Rights v. DHS

    Oral argument · Oral argument · Dec 18, 2025

    Let me tamp down a little bit on that last comment about for the first time facing registration because we have the Alien Registration Act of 1940 requiring all aliens in country over 30 days to register … period your honor as we pointed out in a brief several of them do not at least seven instances of did not go through the notice and comment because they were merely procedural rules as this one is and

    71 min of audio
  • Oral argument — Allied Erecting v. STB

    Oral argument · Oral argument · Jun 8, 2016

    Remember my opening comment, which I had to slow down and repeat? … There's no jurisdiction, period. I don't understand how that relates to my question.

    54 min of audio
  • Oral argument — United States v. Chao Fan Xu

    Oral argument · Oral argument · Apr 17, 2012

    Is there undisputed evidence that there was clean money as well as stolen money in the Everjoint account? … Their expert, Rob Morris, made the comment that there was no basis, the government says there was no basis for the transactions. But Mr.

    45 min of audio
  • Oral argument — Allied Design Consultants, Inc. v. Pekin Insurance Co.

    Oral argument · Oral argument · May 8, 2024

    To repair hot water heaters, hot water boilers, and an air handling unit means to physically act, which is not mental or intellectual in nature. … The claim must arise out of acts in the course of practicing that profession, rather than an act that is merely incidental to the profession. That occurred here.

    44 min of audio
  • Oral argument — Hemp Industries v. DEA

    Oral argument · Oral argument · Sep 17, 2003

    Was that the Controlled Substances Act? No, the Controlled Substances Act was not passed until 1970. The 1937 Act was the Marijuana Tax Act. And that's where the definition of marijuana comes from. … Going through notice and comment, there were comments. The agency received many, many comments, and some were just along the lines of what you said. In fact, not even those nice words.

    42 min of audio
  • Oral argument — Luis Martinez v. Constellis/Triple Canopy

    Oral argument · Oral argument · Jan 10, 2022

    for medical reasons, appeared in as being harassed on a daily basis about that, even though they are complying with the medical exemption, they're complying with the work rule every day for a five-year period … Asking a clean-shaven employee for input on Mr. Martinez's appearance is inappropriate.

    29 min of audio
  • Oral argument — Brian Fernaays v. Isle of Wight County

    Oral argument · Oral argument · May 6, 2025

    Instead, they've spent over a quarter of a million dollars avoiding compliance with the Clean Water Act. … Just to throw this in there, opposing counsel keeps talking about the Clean Water Act. The Clean Water Act has nothing to do with this. There's nothing in the law of the Clean Water Act.

    43 min of audio
  • Oral argument — Sara Jones-McNamara v. Holzer Health Systems

    Oral argument · Oral argument · Aug 6, 2015

    They said just don't put it in writing until you finish, which seems a pretty reasonable comment. … Was she terminated during the probationary period? At the end of the extended probationary period. So that is during the probationary period? Yes. So the probationary period was how many months?

    34 min of audio

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