Documents

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

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  • Oral argument — Conservation Law Foundation v. ExxonMobil Corporation

    Oral argument · Oral argument · Dec 7, 2020

    First, that there's a categorical bar on the application of the doctrine of primary jurisdiction in RCRA and Clean Water Act citizen suits. … Federal law makes clear under the Clean Water Act that any new permit must be at least as strict as the existing permit. So it is at most a one-way ratchet.

    36 min of audio
  • Oral argument — State of Oregon v. FERC

    Oral argument · Oral argument · Feb 10, 2011

    We clearly prevail on the Clean Water Act and Coastal Zone Management Act claims. … It has to be related to the Clean Water Act or the Coastal Zone Management Act.

    44 min of audio
  • Oral argument — Michelle Maliniak v. City of Tuscon

    Oral argument · Oral argument · Feb 11, 2015

    I thought she was going to clean her truck and the other truck was sitting there. They went to go move that truck in order to clean it. So she wasn't going to clean. And they had to clean the truck. … So you look at the whole period of time that's in play and all the acts and you ask whether it adds up. It's essential to creating an environment that is not conducive to work.

    33 min of audio
  • 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.

    36 min of audio
  • Oral argument — Modern Holdings LLC v. Corning Inc

    Oral argument · Oral argument · Jul 15, 2024

    his opinion um as far as statute of limitations goes um are you are you relying on that evidence as well or that's something we don't that's not really relevant to the accrual of the of the limitations period … to benchmarking which we didn't see from the plaintiff's side with respect to dr can i ask you about the benchmarking idea um i was troubled by the notion imagine imagine that an entire industry um is acting

    32 min of audio
  • Oral argument — Caterpillar Inc v. Emplyer Insurance Company of Wausau

    Oral argument · Oral argument · Jun 4, 2019

    Well, back to the judge's comment about how aggressively pursuing the litigation, what did Caterpillar do during this period of inactivity? Well, what Caterpillar did was narrow the case. … or into the indoor air.

    54 min of audio
  • Oral argument — People v. McKee

    Oral argument · Oral argument · Jul 8, 2025

    We do not have a situation where they're asking multiple times in a short period of time for a definition. And the committee comment says that we have a common understanding of the word intent. … The same is true of the committee comments for the definition of intent.

    42 min of audio
  • Oral argument — Litchfield v. MSPB

    Oral argument · Oral argument · Apr 3, 2018

    She acted on it. She denied our remedy, but she acted on it, thereby accepting the jurisdiction of the firing. She went in and said, yes, you know, and she went in. It's attached here. … there is an issue with the air quality in the room.

    29 min of audio
  • Oral argument — Burkle v. Patrick

    Oral argument · Oral argument · Jan 9, 2024

    Food, comfortable sleep, clean living conditions, and respite from heat are individual human needs. … I would argue that those comments are very different than the type of comments that were alleged in, for example, Taylor, where there was a, you know, basically saying, I hope you freeze in there.

    42 min of audio
  • Oral argument — United States v. Roberto Del Carpio Frescas

    Oral argument · Oral argument · Apr 30, 2019

    Why would it be an unreasonable strategy to hold something back, hold a couple things in the tank, maybe recognize that there's a clean air, that there's a problem with the guidelines calculation, but … Do you think that's not plain air?

    36 min of audio
  • Oral argument — People v. Craig

    Oral argument · Oral argument · Jul 12, 2023

    Also a police officer testified that the bloody footprints in Tanisha's hall looked like they were left by Air Force One tennis shoes. … The comments of that rule state that the default is a unified trial, a unitary trial, because of the burden that the state would have in having to parse it out.

    35 min of audio
  • Oral argument — In Re: New York State Departme

    Oral argument · Oral argument · Dec 5, 2017

    In August of this year, FERC found that DEC had waived its authority under Clean Water Act Section 401 to grant, condition, or deny a Clean Water Act certification. … We're dealing with the Clean Water Act. We're dealing with water quality.

    33 min of audio
  • Oral argument — United States v. Henry Matthies

    Oral argument · Oral argument · Mar 9, 2009

    Air care, the Ninth Circuit found, was suggestive as applied to products that would clean the air. … And I will comment on the standard of review. I think that appellant misstated the standard of review in their papers.

    33 min of audio
  • Oral argument — In re: Estate of Lilienthal

    Oral argument · Oral argument · Feb 25, 2015

    And there's simply no evidence, and that standard comes right from the comments to the instruction 160.27. … And finally, to clean up the comment on the itemized verdict as to why the next day we tendered a verdict that was actually given with just the one blank, and the reason we had to do that is the court

    41 min of audio
  • Oral argument — Stein v. Costco Wholesale Corporation dba Costco Wholesale 685

    Oral argument · Oral argument · Dec 6, 2024

    I it seems like they were just trying to clean it up and they documented it and they photographed it. … There was never any reference at any period of time during this case as to any expert retained.

    29 min of audio
  • Oral argument — Cleveland v. City of Los Angeles

    Oral argument · Oral argument · Dec 6, 2004

    of money is due for the pre-'99 period. … that time period.

    62 min of audio
  • Oral argument — CITY OF ARCADIA v. EPA

    Oral argument · Oral argument · Feb 10, 2005

    That's not what the Clean Water Act says. The Clean Water Act says vis-a-vis the TMDL process, the waste load allocations are to be applied to the receiving water. … But then the question is, still, whether or not they had a deadline in the consent decree, the Clean Water Act still applies. Under the Clean Water Act, it is very clear. It's an either-or process.

    82 min of audio
  • Oral argument — United States v. Marcia Ann Goodbear

    Oral argument · Oral argument · Dec 7, 2011

    Would you comment on that? … Correct, Your Honor, which extends throughout that entire period.

    24 min of audio
  • Oral argument — Blankenship v. Bridgestone

    Oral argument · Oral argument · May 18, 2010

    Davis' comments and there was one that I wanted to make sure that I pointed out to the court. Mr. … And what they would do is they would wash their hands in these solvents to clean the black rubber off of their hands.

    44 min of audio
  • Oral argument — Howell v. Chicago Housing Authority

    Oral argument · Oral argument · Mar 8, 2011

    But it doesn't come out of thin air. … These are prejudicial comments that deny the CHA of a fair trial.

    51 min of audio

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