Court : US Supreme Court
..... question of public policy that should not be answered by appointed judges. the fact that large investments are required to finance large developments merely means that those who are most adversely affected by the corps permitting decisions are persons who have ..... and enhancement) of land and water resources, and to consult with the administrator in the exercise of his authority under this chapter. 1251(b). one of the statute s principal provisions is 33 u. s. c. 1311(a), which provides that ..... discussion of the relevant statutes, regulations, and facts may clarify the analysis suggested here. a the objective of the clean water act (act), is to restore and maintain the chemical, physical, and biological integrity of the nation s waters. 33 u. s. c ..... a)(3) (1999), which is substantively identical to 323.2(a)(3) (1985) and to 323.2(a)(5) (1978)). wetlands adjacent to tributaries of traditionally navigable waters were covered in the 1985 regulation by other provisions of the regulation, namely a .....
Tag this Judgment!Court : US Supreme Court
..... u. s. c. 275 (1940 ed.) period of limitation upon assessment and collection. . . . . . (a) general rule. the amount of income taxes imposed by this chapter shall be assessed within three years after the return was filed, and no proceeding in court without assessment for the collection of such taxes shall be begun after the expiration ..... ] that romantic, judge-empowering image was obliterated by this court in vermont yankee nuclear power corp. v. natural resources defense council, inc., 435 u. s. 519 (1978) , which held that congress prescribes and we obey, with no discretion to add to the administrative procedures that congress has created. it seems to me that the dissent ..... applicable sections of the two relevant versions of the u. s. code below. section 6501 was amended and reorganized in 2010. see hiring incentives to restore employment act, 513, 124stat. 111. but the parties agree that the amendments do not affect this case. we therefore have referred to, and reproduce here, the section .....
Tag this Judgment!Court : UK Supreme Court
..... 5) ltd v states steamship co [1979] hklr 512 (stay in hong kong of execution against nevada corporation in chapter 11 proceedings in united states federal court in california), followed in ccic finance ltd v guangdong international trust and investment corpn [2005] 2 hkc 589 (stay of hong kong proceedings against chinese state ..... abbotsbury, with lord phillips of worth matravers agreeing)) was based exclusively on the statutory power to assist foreign insolvency proceedings under section 426 of the insolvency act 1986, but lord hoffmann (with whom lord walker agreed) also considered that such a power existed at common law. 51. lord hoffmann characterised the ..... ending on the date when the administrator was appointed, they constituted unfair preferences and were thus "voidable transactions" under part 5.7b of the australian act. 75. the syndicate (which does not accept that the payments were preferences) refused to accept service of the australian proceedings. the liquidator obtained leave .....
Tag this Judgment!Court : US Supreme Court
..... litigation. a damages suit "necessarily involves detailed discussion of an employer's most intimate financial secrets. by making a damage claim, the employer puts its . . . finances . . . at issue in the litigation. the discovery rules of the federal rules of civil procedure give the union and its accountants the right to explore every ..... parties." "(b) any labor organization which represents employees in an industry affecting commerce as defined in this chapter and any employer whose activities affect commerce as defined in this chapter shall be bound by the acts of its agents. any such labor organization may sue or be sued as an entity and in behalf ..... 500 f.2d 950, 952 (ca7 1974). see gould, on labor injunctions pending arbitration: recasting buffalo forge, 30 stan.l.rev. 533, 541, and n. 47 (1978). [ footnote 2/7 ] discharging the entire workforce would "caus[e] mountainous personnel problems. consider the sheer logistics of hiring, training and acclimating an entirely new workforce with .....
Tag this Judgment!Court : US Supreme Court
..... more than half of their total contributions page 456 u. s. 232 from members or affiliated organizations would remain exempt from the registration and reporting requirements of the act. 1978 minn. laws, ch. 601, 5. [ footnote 3 ] shortly after the enactment of 309.515, subd. 1(b), the department notified appellee holy spirit ..... religious exemption which previously exempted from registering and reporting any organization serving a bona fide religious purpose." "minn.stat. 309.515, as found in chapter 601 of the 1978 session laws, provides that the religious exemption now applies to religious groups or societies which receive more than half of its contributions in the accounting ..... . because i find the court's standing analysis wholly unconvincing, i respectfully dissent. i 456 u. s. 515, subd. 1(b), of the minnesota charitable solicitations act (act) because they have "plainly met" the case-or-controversy requirements of art. iii. ante at 456 u. s. 239 . this conclusion is wrong. its error .....
Tag this Judgment!Court : US Supreme Court
..... 479 u. s. 267 as applied to appellee massachusetts citizens for life (mcfl). as the court recognizes, the segregated fund requirements of 441b are simply a contemporary chapter in the "long history of regulation of corporate political activity." ante at 479 u. s. 256 . see nrwc, supra, at 459 u. s. 208 ..... this purpose, it has published a newsletter that has been distributed to contributors and to noncontributors who have expressed support for the organization. in september, 1978, appellee prepared and distributed a "special edition" exhorting readers to vote "pro-life" in the upcoming primary elections in massachusetts, listing the candidates for ..... for the first circuit syllabus section 316 of the federal election campaign act (feca) prohibits corporations from using treasury funds to make an expenditure "in connection with" any federal election, and requires that any expenditure for such purpose be financed by voluntary contributions to a separate segregated fund. appellee is a nonprofit .....
Tag this Judgment!Court : US Supreme Court
..... issued to mri. [ footnote 11 ] the four organizations were methow valley citizens council, washington state sportsmen's council, washington environmental council, and the cascade chapter, sierra club. these organizations, with the exception of washington state sportsmen's council, are respondents herein. mri, the permittee, is also a respondent in this ..... (1980) (per curiam); vermont yankee nuclear power corp. v. natural resources defense council, inc., 435 u. s. 519 , 435 u. s. 558 (1978). if the adverse environmental effects of the proposed action are adequately identified and evaluated, the agency is not constrained by nepa from deciding that other values outweigh the ..... agencies having jurisdiction over the off-site area take appropriate action, it would be incongruous to conclude that the service has no power to act until the local agencies have finally determined what mitigation measures are necessary. more significantly, it would be inconsistent with nepa's reliance on procedural .....
Tag this Judgment!Court : US Supreme Court
..... 52 stat. 821, as amended, 15 u.s.c. 717 et seq., an acute shortage of natural gas during the 1970's prompted congress to enact the natural gas policy act of 1978 (ngpa), 92 stat. 3352, 15 u.s.c. 3301 et seq. to encourage production, the ngpa took wellhead sales of "new" and "high-cost" gas outside the ..... a), and 601(a) of the ngpa, 15 u.s.c. 3314, 3316(a), and 3431(a), "gas reserves dedicated to interstate commerce before november 8, 1978, remain subject to 7(b) of the natural gas act." united gas pipe line co. v. mccombs, supra, at 442 u. s. 536 , n. 9. [ footnote 19 ] the united states suggests that ..... a matter reserved to the state agencies who, in the exercise of their historical powers, will continue to regulate such matters as . . . production rates." 124 cong.rec. 38366 (1978). [ footnote 10 ] appellant would also find support for its position in schneidewind. schneidewind held that the nga preempted michigan's regulation of securities issued by interstate pipelines and other natural .....
Tag this Judgment!Court : US Supreme Court
..... . the benson plaintiffs, who include the republican minority leaders of the minnesota senate and house, raised federal and state constitutional challenges to chapter 246, but no voting 29 rights act allegations. the benson action was consolidated with the emison suit; the cotlow plaintiffs, as well as the minnesota house of representatives and state ..... application of the cotlow plaintiffs, we vacated the injunction. 502 u. s. 1022. when the legislature reconvened in january, both houses approved the corrections to chapter 246 contained in senate file 1596 and also adopted a congressional redistricting plan that legislative committees had drafted the previous october. the governor, however, vetoed the ..... to legislative redistricting only to the extent those claims challenged the state court's plan. cf. wise v. lipscomb, 437 u. s. 535 , 540 (1978) (opinion of white, j.). with respect to the congressional plan, the district court did not ignore any state-court judgment, but only because it had .....
Tag this Judgment!Court : US Supreme Court
..... 1997). instead, as we explained in duke power co. v. carolina environmental study group, inc., 438 u. s. 59 , 71, n. 15 (1978), the declaratory judgment act "allows individuals threatened with a taking to seek a declaration of the constitutionality of the disputed governmental action before potentially uncompensable damages are sustained." moreover, in ..... . see 26 u. s. c. 9712. 515 on the following formula, by which retirees are assigned to particular operators: "for purposes of this chapter, the commissioner of social security shall ... assign each coal industry retiree who is an eligible beneficiary to a signatory operator which (or any related person ..... contract provided lifetime health benefits for retirees, disabled mine workers, and spouses, and extended the benefits to surviving spouses .... " house committee on ways and means, financing umw a coal miner "orphan retiree" health benefits, 103d cong., 1st sess., 4 (comm. print 1993) (house report). the increase in benefits, combined .....
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