United States DC Circuit - January 2001 Opinion Summaries

ASS'N OF AM. R.R. v. SURFACE TRANSP. BD.

Transportation
In determining whether a railroad carrier has "market dominance" under 49 USC 10709(a), the Surface Transportation Board is not required to consider...

NAT'L WILDLIFE FED'N v. ENVTL. PROT. AGENCY

Environmental Law
Under section 509(b)(1) of the Clean Water Act, the "resides or transacts business" requirement is a venue requirement and not a jurisdictional one.

SLINGER DRAINAGE, INC. v. ENVTL. PROT. AGENCY

Civil Procedure, Environmental Law
Under the Clean Water Act, 33 USC 1319(g)(8)(B), the 30-day period to file a notice of appeal after a Class II civil penalty is assessed includes...

UTIL. SOLID WASTE ACTIVITIES GROUP v. ENVTL. PROT. AGENCY

Administrative Law, Environmental Law
Under the Administrative Procedures Act, the Environmental Protection Agency must comply with notice provisions even if it is modifying a prior...

AT&T CORP. v. FED. COMMUNICATIONS COMM'N

Communications Law
Petitioners are entitled to pursue forbearance under section 10 of the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 without...

PETROCHEM INSULATION, INC. v. NAT'L LABOR RELATIONS BD.

Labor & Employment Law
Petitioner committed an unfair labor practice by bringing a RICO suit against unions that opposed construction and other permits sought by non-union...

WISCONSIN VALLEY IMPROVEMENT CO. v. FED. ENERGY REGULATORY COMM'N

Environmental Law
The FERC can require implementation of a plan to save endangered wild plant life under the FPA and, since it is impossible to confine reductions in...

IN RE: SEALED CASE 00-5116

Civil Procedure, Elections
The Federal Elections Commission failed to comply with 2 USC 437g(a)(12)(A) and 11 CFR 111.21(a) when it submitted exhibits with its petition to...

AT&T CORP. v. FED. COMMUNICATIONS COMM'N

Communications Law
High capacity service carriers can pursue forbearance from dominant carrier regulation under Section 10 of the Telecommunications Act of 1996, which...

MARLIN v. DISTRICT OF COLUMBIA BD. OF ELECTIONS AND ETHICS

Constitutional Law, Elections
Enforcement of polling place regulations prohibiting plaintiff from wearing a campaign sticker into his polling place on election day does not violate...