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

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  • Oral argument — Farchione Motors, Inc. v. Volkswagen Group of America

    Oral argument · Oral argument · Jun 11, 2020

    Air Act found that Volkswagen has potentially continuing and even if it's unexpected and enormous liability, the plain language text and structure as a matter of law can lead to that outcome. … So first, VW, acting as a claim administrator, makes an initial eligibility determination.

    51 min of audio
  • Oral argument — Vaad L'Hafotzas Sichos, Inc. v

    Oral argument · Oral argument · Aug 22, 2017

    In the Air Maze case, which is the case that we rely on, this circuit looked at a situation where a defendant was creating Air Maze knockoff bags and was advertising to the public that these were knockoffs … And that period of latches far exceeded the period of latches in this case. But the court was enforcing this public right not to be confused. Was there bad faith in Air Maze?

    37 min of audio
  • Oral argument — State of Alaska v. EDUC

    Oral argument · Oral argument · Aug 21, 2024

    That's true for all the finance industries which rely on interest, and to say that there's not even a procedural injury that's such that they couldn't file comments in a notice and comment period would … EPA, it was whether they could make the clean air programs work, and they had to have a certain number of states to rate a critical mass, and they assumed that they were going to get that, and they didn't

    55 min of audio
  • Oral argument — Cent. Sierra Envtl. Res. Ctr. v. Stanislaus Nat'l Forest

    Oral argument · Oral argument · Oct 14, 2020

    Section 313 of the Clean Water Act requires federal agencies to comply fully with state and local water quality requirements. … It was adopted pursuant to notice and comment rule making. It was analyzed under the California Environmental Quality Act.

    33 min of audio
  • Oral argument — Union Pacific Railroad Company v. Intl. Assn. of SMART

    Oral argument · Oral argument · Nov 17, 2020

    Assn. of Sheet Metal, Air, Rail, and Transportation Workers Mr. … Lebsack's actions of purposefully defecating on the knuckle of his train and leaving his feces for others to clean up, somehow did not constitute conduct worthy of upholding his termination It is from

    32 min of audio
  • Oral argument — Waterkeeper Alliance v. United States Environmental Protection Agency

    Oral argument · Oral argument · Dec 5, 2024

    When Congress wrote the Clean Water Act in 1972, they made cleaning up the nation's and making our waters fishable and swimmable again. … And the Clean Water Act intends for those limits to keep pace with technology.

    53 min of audio
  • Oral argument — Milo Shammas v. Margaret Focarino

    Oral argument · Oral argument · Dec 10, 2014

    Some of them in the Lanham Act itself? That's right, Your Honor. There are five of them. Five of them in the Lanham Act itself. … So we're on a clean slate or we're the first one? I don't think you're on a clean slate. We're the first court of appeals? Pardon?

    47 min of audio
  • Oral argument — People v. Muth

    Oral argument · Oral argument · Jun 26, 2014

    Well, you told me he was cleaning with you, so you have to know. Well, yeah, he was cleaning. … My question is, proof beyond a reasonable doubt of more than two for each act.

    52 min of audio
  • Oral argument — United States v. Howard

    Oral argument · Oral argument · Jul 14, 2004

    What does a clean gun mean? All of those things I think were proper and the judge did not abuse his discretion in allowing that to come in. … Could you comment on the argument by the defendant that this is the equivalent of a one-photo display? Yes, Your Honor.

    19 min of audio
  • 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

    39 min of audio
  • Oral argument — Environmental Integrity Proj. v. EPA

    Oral argument · Oral argument · Apr 10, 2017

    provision of Section 308B of the Clean Water Act. … And it looked at the Clean Water Act and the Clean Air Act, and it considered it in connection with the Freedom of Information Act and said it only makes sense to read these two consistently.

    36 min of audio
  • Oral argument — City of Salisbury, North Carol v. FERC

    Oral argument · Oral argument · Nov 2, 2021

    That's exactly what Congress did here in section 1341d of the Clean Water Act. … Well, I think Your Honor would be correct if we were not operating in the context of the Clean Water Act, but the Clean Water Act is built around the idea of federalism.

    77 min of audio
  • Oral argument — Sterling v. City of Jackson

    Oral argument · Oral argument · May 12, 2026

    Even in Querton, the majority, it's a 2-1 decision, said that there's no right to clean water. The issue was this lack of informed consent. … Again, that's a factual question, but based on the allegations, and that's what we're here on, they did not act responsibly. A few quick other points.

    44 min of audio
  • Oral argument — Annakutty Joseph v. Target Stores, Inc.

    Oral argument · Oral argument · Mar 8, 2023

    It was an expert who was testifying that the slippery floor was created by probably a poor combination of cleaning products. … Does Virginia law comment on that issue?

    49 min of audio
  • 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.

    43 min of audio
  • Oral argument — Lighthiser v. Trump

    Oral argument · Oral argument · Apr 13, 2026

    or in the Clean Air Act that plaintiffs studiously avoid and omit from their complaint because they're not challenging any agency action. … Plaintiffs toss out a number of allegedly illegal statutory violations by federal agencies, but they don't bring challenges to any of these agency actions under the APA or the Clean Air Act, and instead

    44 min of audio
  • Oral argument — Kelly v. Cothern

    Oral argument · Oral argument · Sep 4, 2019

    Because at that point, really, the marriage was up in the air. They weren't divorced yet, correct? … Kelly was cleaning out her—not necessarily cleaning out, but was looking for, I believe, a life insurance document in her mother's room and happened to stumble across the trust. This was when?

    42 min of audio
  • Oral argument — Villareal v. Bureau of Prisons

    Oral argument · Oral argument · Jul 13, 2018

    And also made the comment... Now, these people that are testifying, were they former employees? Excuse me? This testimony that you're talking about, that was now, was in front of the arbitrator. … Okay, but this is during the seven-month period. Right. They have to show that... And this is all trying to decide whether a criminal act occurred? Well, yes.

    33 min of audio
  • Oral argument — Sierra Club v. FERC

    Oral argument · Oral argument · Nov 13, 2015

    the impact of this increased production is on the air. … And that's true regardless of whether we're in the non-attainment context where there's a Clean Air Act conformity determination or just the general NEPA analysis.

    84 min of audio
  • 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?

    40 min of audio

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