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

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  • Oral argument — et al Murray Energy Corp v. EPA

    Oral argument · Oral argument · Dec 8, 2015

    The Clean Air Act clearly indicates that national rules should be subject to initial review in the circuit court, precisely because they're national rules. … It departed from that approach in the Clean Air Act where it said that all national rules belong in the circuits immediately.

    47 min of audio
  • Oral argument — Medical Advocates for Healthy v. USEPA

    Oral argument · Oral argument · Feb 12, 2015

    Now, that's what happens under the literal language of the Clean Air Act. When an act is revoked and the designations go away, all of the controls are tied to your designated attainment status. … And a good example of that is Section 193 of the Clean Air Act. It's 42 U.S.C.

    67 min of audio
  • Oral argument — Sierra Club v. Andrew Wheeler

    Oral argument · Oral argument · Dec 3, 2019

    Air Act as a matter of jurisdiction. … Air Act or under the EPA.

    34 min of audio
  • Oral argument — Archer Western Contractors v. U.S. Department of Transportat

    Oral argument · Oral argument · Nov 15, 2021

    The government talked about the air velocity test, which there is an ASTM abrasion test where you shoot air against the surface to see if it will delaminate. … The expert just used velocity air.

    71 min of audio
  • Oral argument — Atchafalaya Basinkeeper v. U.S. Army Corps

    Oral argument · Oral argument · Mar 13, 2018

    Well, the Clean Water Act… You know, NEPA sets up a system where they look at alternatives. They examine the pros and cons. It's a process. The Clean Water Act is substantive. … No, we offered an alternative mitigation approach during the comment period.

    74 min of audio
  • Oral argument — Francis Brauner v. Shirley Coody

    Oral argument · Oral argument · Jun 1, 2015

    risk of serious harm the plaintiff alleges the showers were unconstitutionally unsanitary essentially and that the defendants were deliberately indifferent to it I thought the records show they were clean … Collins testified the showers are clean twice a day with the Clorox based solution in addition mr.

    40 min of audio
  • Oral argument — Orchard Hill Building Company v. United States Army Corps of En

    Oral argument · Oral argument · May 29, 2018

    To what extent should this Court provide deference to federal assertions of jurisdiction under the Clean Water Act? … Founding Fathers, and that accordingly, federal assertions of Clean Water Act jurisdiction are not entitled to broad deference.

    41 min of audio
  • Oral argument — Motorola Solutions, Inc. v. Zurich Ins. Co.

    Oral argument · Oral argument · Aug 7, 2014

    It goes on for almost a page, and it's divided up by various comments. … After finding the contract ambiguous, the court acted as if the words of the contract became irrelevant. It never went back to them.

    65 min of audio
  • Oral argument — Stand Up for California! v. USDOI

    Oral argument · Oral argument · Feb 18, 2020

    Air Act. … Here, by contrast, we have a situation where there's nothing in AGRA that prevents the Secretary from complying with NEPA or the Clean Air Act, and there is no mandatory timeline, there is no sealing off

    35 min of audio
  • Oral argument — A Community Voice v. USEPA

    Oral argument · Oral argument · Oct 27, 2020

    Respectfully, here in this case, in this TSCA Title IV, we have the same situation we have in the Clean Air Act. … The statutory language in Whitman from the Clean Air Act was requisite to protect.

    50 min of audio
  • Oral argument — United States v. Adolfo Flores-Cortes

    Oral argument · Oral argument · Nov 8, 2012

    He made some unfortunate comments, didn't he? Well, you know, I don't know that I'd characterize him that way. … So, first of all, I think even if it is, even if we're on plain air, there is plain air, because the factual finding or the consideration of the 39-month sentence prior is clearly erroneous and certainly

    16 min of audio
  • Oral argument — Ammex Inc v. Michigan Dept of Agriculture

    Oral argument · Oral argument · Mar 9, 2021

    No, I'm referring to the Clean Air Act, Your Honor. … And the purpose of the Clean Air Act is to bring the states into compliance with healthy levels of air based on what the EPA determines is healthy.

    46 min of audio
  • Oral argument — United States v. Calkins

    Oral argument · Oral argument · Apr 16, 2008

    We rely on the Federal Probation Act. … We don't know whether ten years of clean-up, I mean, ten years of air monitoring was included or not.

    15 min of audio
  • Oral argument — Salinas v. Illinois Department of Employment Security

    Oral argument · Oral argument · Sep 26, 2024

    Two hours to clean. They didn't have time to do cleaning in two hours. Did any of the 30 ever testify that they took two hours to clean? … In many ways, they mirror that of the court from the comments about half an hour ago.

    60 min of audio
  • Oral argument — RMS of Georgia, LLC v. U.S. Environmental Protection Agency

    Oral argument · Oral argument · Jan 19, 2023

    The Clean Air Act bests this Court with jurisdiction to decide local matters. This is like an individual facility permit in the Clean Air Act pollution context. … Congress says for this act, look to the Clean Air Act. If you look to the Clean Air Act, it has three different provisions.

    42 min of audio
  • Oral argument — Techno Coatings v. OSHC

    Oral argument · Oral argument · Apr 7, 2006

    The Secretary, in her opening comments, in her opening comments says that this, well, before that even, the citation is significant, cites the San Bernardino job. It cites it in the citation. … They took employee air monitoring at Pier 10 of the bridge.

    32 min of audio
  • Oral argument — State of Connecticut v. Exxon Mobile Corporation

    Oral argument · Oral argument · Oct 5, 2021

    Your Honor, this court held that there was ordinary preemption, that there was displacement of state common tort law by the Clean Air Act. … And there is a big difference in the articulation between what the Clean Air Act displaces in terms of common law and what it would displace in terms of an unfair trade practices act. Okay.

    15 min of audio
  • Oral argument — Jeffrey Simoneaux v. E I DuPont de Nemours & Co.

    Oral argument · Oral argument · Nov 2, 2016

    In Bain, a case was brought alleging violations of the Clean Air Act. Mr. Bain claimed that his employer had been releasing vinyl chloride. … The Court in Bain was asked to determine whether the alleged violation of the Clean Air Act, which imposed penalties for that kind of violation, was cognizable under the False Claims Act.

    42 min of audio
  • Oral argument — Panel Built, Inc. v. DeKalb County, Illinois

    Oral argument · Oral argument · Jan 15, 2019

    So your preparation was not really affected by whether it was a short period of time or a long period of time when that amended motion was filed. … With respect to counsel's comment that he would have settled this case once he learned about all of the misrepresentations that Mr.

    43 min of audio
  • Oral argument — Tin Cup, LLC v. US Army Corps of Engineers

    Oral argument · Oral argument · Jun 13, 2018

    It was adopted with notice and comment. The Corps responded to those comments in the record. Tin Cup's consultants were among the commenters. … There's no reason to read the 1993 Act as making a permanent change to the Clean Water Act, which gives the Corps authority to identify where wetlands exist and where they don't.

    39 min of audio

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