Documents

Oral argument — United States v. Dwayne Brooks

Oral argument · Oral argument · Jan 23, 2023

That's a case that involved a violation of the Clean Air Act. It was asbestos. … And that's a case where someone was indicted for engaging in sexual activity with a minor on a reservation over a period of time.

Oral argument — United States v. CB & I Constructors, Inc.

Oral argument · Oral argument · Nov 15, 2011

Was there any evidence about the value of forests as clean air purifiers and using up some of the carbon dioxide that's floating around? I don't believe there was that evidence, Your Honor. … The public does have an interest as a kind of a beneficiary of the national forest in the clean air and clean water aspects of maintaining our forests. Absolutely, Your Honor. And as I said, Mr.

Oral argument — Greater Yellowstone Coalition v. Wilma A. Lewis

Oral argument · Oral argument · Oct 7, 2010

As the court is familiar with the case, I will turn directly to the issues concerning the defendant's violations of the Clean Water Act, the National Forest Management Act, and the National Environmental … Water Act.

Oral argument — DOW v. U.S. Army Corps of Engineers

Oral argument · Oral argument · Mar 5, 2018

This is under the Clean Water Act. Right. So what would the analysis under the Clean Water Act require? The analysis is two parts. … That means the district court missed on the Clean Water Act.

Oral argument — Chubb Custom Insurance Company v. Space Systems/ Loral, Inc.

Oral argument · Oral argument · Nov 8, 2012

Well, there's two comments on that. Both Atlantic Research, Your Honor, has referred to in the congressional record state. … Clean up sites and make the people who pollute pay. Okay.

Oral argument — WATERKEEPERS NO. CA v. AG INDUSTRIAL

Oral argument · Oral argument · Mar 8, 2004

And that, under the terms of the Clean Water Act and the general permit, that's a stormwater discharge, not a non-stormwater. Okay. … Water Act.

Oral argument — Dichter-Mad Family Partners v. United States

Oral argument · Oral argument · Jan 10, 2013

When I made that investment I relied on the Clean Bill of Health that Mr. Madoff and his industry had been given by the SEC. Several years later Mr. … And I haven't made this allegation up out of thin air. This is in the report of the Office of Inspector General when he takes a look at the allegation.

Oral argument — United States v. Stephen Hard

Oral argument · Oral argument · Jul 9, 2012

Lee lasted a short period of time. So he did not have the luxury of a long period of time to discover the fraudulent intent of what Mr. Lee was saying. … And I think because of the players that were involved, no one really came with clean hands and totaled believability. Mr. Lee did not.

Oral argument — Sierra Club v. Mineral County

Oral argument · Oral argument · Oct 6, 2003

First, the Clean Water Act doesn't require that TMDLs be in place before this project proceeds. Let me just interrupt right there. They are not saying that the Clean Water Act requires... … So that's why I mentioned the Clean Water Act and you're absolutely right, Your Honor, that plaintiffs don't claim that the Clean Water Act requires that TMDLs be in place.

Oral argument — Chiang v. Kamehameha Schools

Oral argument · Oral argument · Nov 7, 2003

It probably was in headlines for two years during this time period. And it starts basically with the Internal Revenue and the courts wanting to take micromanagement away from the trustees. … Aloa Air Service, forgive me, in terms of dishonesty of the employer believing they had the right to do this, he only said in his deposition they couldn't do it.

Oral argument — Murdock v. Mingus Union High Sc

Oral argument · Oral argument · Apr 18, 2008

We have a sort of a basic rule that except in highly unusual circumstances where it's plain air, I mean, there are very limited circumstances, matters not fairly raised to the trial court aren't the proper … And so it is distinct from Lamas in the sense that that was a personnel file that could be cleaned out.

Oral argument — United States v. Haswood

Oral argument · Oral argument · Nov 3, 2003

And we have no insight into what the defendant's perception of those words or decision to use those words, whether that was at all based on coercion or a volitional act on his part. … The facts for clear air, but the totality is de novo. Well, I do think that it's a factual finding the court made that the agent put words in Mr. Haswood's mouth.

Oral argument — NRDC v. County of Los Angeles

Oral argument · Oral argument · Oct 13, 2016

What I'm talking about is when you look at the actual act, the Clean Water Act. Correct. And you talk about the permit provisions. Right. … Well, then how do you satisfy the Clean Water Act? I mean, as great as you folks all are, there is a federal piece of legislation here. You have to comply with it. Correct, Your Honor.

Oral argument — United States v. Cole

Oral argument · Oral argument · Nov 14, 2006

The officers, two officers Alsup and Palmer, officer Alsup admitted that he never saw the defendant Cole with the gun that was actually found in the in the air-conditioning vent. … So instead of having the unsavory Bryant character testifying to having seen Cole with the gun, we have the squeaky clean officers talking about it.

Oral argument — United States v. Mauricio Aguilera

Oral argument · Oral argument · May 12, 2014

So any air here would have to be for plain air because the air could not be plain when the Court followed the model instruction and gave 8.22. … So I'd appreciate if you could comment on that specifically.

Oral argument — Sierra Nevada Transportation, Inc. v. Nevada Transportation Authority

Oral argument · Oral argument · Jun 6, 2023

And are they getting, are air crews who are known to be air crews getting cited? Yeah, I just, yes. And you would add that to the complaint if given the opportunity to amend? … I think it's the Clean Well Biohazard Waste and General Ecology Consultants, Inc. v. Nelson case. But isn't the Nevada regulatory scheme here essentially grounded in safety?

Oral argument — Rosemary Jensen v. County of Sonoma

Oral argument · Oral argument · Jun 16, 2011

I want to comment on, first, on the penalty issue that you raised, Your Honor. … And so they are, in effect, being penalized because they didn't clean up.

Oral argument — Center for Food Safety v. Thomas Vilsack

Oral argument · Oral argument · Oct 24, 2012

If the tool bag theory were right, then an agency faced with a Clean Water Act complaint with regard to a particular industrial plant, so long as they couldn't use the Clean Water Act because the plant … was in compliance, would have to think, well, could we shut this plant down some other way, maybe use our Clean Air Act authority.

Oral argument — Northern CA River Watch v. City Of Healdsburg

Oral argument · Oral argument · Nov 16, 2005

Wastewater treatment exemption applies to ponds that are built as part of the Clean Water Act protections. That wasn't present here, period. We need to go no further. … In addition, this pond was not built by CYAR to meet Clean Water Act, excuse me, Healdsburg to meet Clean Water Act standards.

Oral argument — Steven Livaditis v. Ron Davis

Oral argument · Oral argument · May 9, 2019

He also told him that, quote, if he had been acting like a normal person, he would not have gone into the store and acted the way he did. … Lividitis had pled guilty, so essentially accepted responsibility for his acts, that he was remorseful, that as at different periods during his childhood, he was apparently not a well socially adjusted