Court : US Supreme Court
..... 1 ] plaintiffs seek treble damages and declaratory and injunctive relief for claimed violations of 1 of the sherman act, ch. 647, 26 stat. 209, as amended, 15 u. s. c. 1, which prohibits [e]very contract, combination in the form of trust or otherwise, or conspiracy, ..... proceed? does a judicial opinion that the charge is not plausible provide a legally acceptable reason for dismissing the complaint? i think not. respondents amended complaint describes a variety of circumstantial evidence and makes the straightforward allegation that petitioners entered into a contract, combination or conspiracy to prevent competitive entry in ..... lawrence marcus (hereinafter plaintiffs) represent a putative class consisting of all subscribers of local telephone and/or high speed internet services from february 8, 1996 to present. amended complaint in no. 02 civ. 10220 (gel) (sdny) 53, app. 28 (hereinafter complaint). in this action against petitioners, a group of ilecs,[ footnote .....
Tag this Judgment!Court : US Supreme Court
..... sense demand regulatory action to prevent harm, even if the regulator is less than certain that harm is otherwise inevitable. see 401(d)(1) of the clean air act amendments of 1977, 91 stat. 791; see also h. r. rep. no. 95 294, p. 49 (1977). footnote 8 the council on environmental quality had ..... 103(g) and 602(e) of the clean air act amendments of 1990, 104 stat. 2652, 2703, 42 u. s. c. 7403(g)(1) and 7671a(e)). epa further reasoned that congress specially tailored solutions to ..... statutory authority over greenhouse gases, epa observed that congress was well aware of the global climate change issue when it last comprehensively amended the [clean air act] in 1990, yet it declined to adopt a proposed amendment establishing binding emissions limitations. id., at 52926. congress instead chose to authorize further investigation into climate change. ibid. (citing .....
Tag this Judgment!Court : US Supreme Court
..... the action is brought by the attorney general. respondents say that any inquiry into stone s original-source status with respect to amendments to the complaint was unnecessary because the government had intervened, making this an action brought by the attorney general. [ footnote ..... 310, and 29 22 108; the occupational safety and health act of 1970, 29 u. s. c. 651 et seq. ; the atomic energy act of 1954, as amended, 42 u. s. c. 2011 et seq. ; the energy reorganization act of 1974, 42 u. s. c. 5801 et seq ..... . ; the water pollution prevention and control act, 33 u. s. c. 1251 et seq. ; the clean air act, 42 u. s. ..... c. 7401 et seq. ; the safe drinking water act .....
Tag this Judgment!Court : US Supreme Court
..... , platte river whooping crane critical habitat maintenance trust v. ferc , 962 f. 2d, at 33 34 (considering whether 7(a)(2) overrides the federal power act s prohibition on amending annual power licenses). while the language of 7(a)(2) does not explicitly repeal any provision of the cwa (or any other statute), reading it for all ..... under state law to administer the npdes program.[ footnote 2 ] if the criteria are met, the transfer must be approved. 2 the endangered species act of 1973 (esa), 87 stat. 884, as amended, 16 u. s. c. 1531 et seq. , is intended to protect and conserve endangered and threatened species and their habitats. section 4 of ..... earlier, inconsistent commands, and we have repeatedly recognized that implied amendments are no more favored than implied repeals. see, e.g. , regional rail reorganization act cases , 419 u. s. 102 , 134 (1974) ( a new statute will not be read as wholly or even partially amending a prior one unless there exists a positive repugnancy between the .....
Tag this Judgment!Court : US Supreme Court
..... 60.14(b).[ footnote 1 ] nsps, however, did too little to achiev[e] the ambitious goals of the 1970 amendments, r. belden, clean air act 7 (2001) (hereinafter belden), and the clean air act amendments of 1977, 91 stat. 685, included the psd provisions, which aimed at giving added protection to air quality in certain parts ..... v. duke energy corp. , 411 f. 3d 539, 544 (ca4 2005). the units were placed in service between 1940 and 1975, and each includes a boiler containing thousands of steel tubes arranged in sets. ibid. between 1988 and 2000,[ footnote 4 ] duke replaced or redesigned 29 tube assemblies in order to extend the ..... rowan s facts, the court recently declined to follow a categorical rule of resolving ambiguities in identical statutory terms identically regardless of their surroundings, united states v. cleveland indians baseball co. , 532 u. s. 200 , 213, but instead accorded substantial judicial deference to an agency s longstanding, reasonable, and differing interpretations of the .....
Tag this Judgment!Court : US Supreme Court
..... be brought against the united states, ibid ., unless and until the district court determines that the federal officer originally named as defendant was acting outside the scope of his employment. the seventh amendment, which preserves the right to a jury trial in suits at common law, we have held, does not apply to proceedings against the ..... from which it was removed pursuant to section 1443 of this title shall be reviewable by appeal or otherwise. footnote 2 section 1447(c) has since been amended, specifying as grounds for mandatory remand that the district court lacks subject matter jurisdiction. footnote 3 the thermtron products limitation upon the 1447(d) bar to appellate ..... a jury trial. upon the attorney general s certification, however, the action is deemed to be brought against the united states, 2679(d)(2), and the seventh amendment, which preserves the right to a jury trial in common-law suits, does not apply to proceedings against the sovereign. thus, at the time the district court .....
Tag this Judgment!Court : US Supreme Court
..... the jury traditionally played no part: when a defendant has been tried and convicted of multiple offenses, each involving discrete sentencing prescriptions, does the sixth amendment mandate jury determination of any fact declared necessary to the imposition of consecutive, in lieu of concurrent, sentences? most states continue the common-law tradition: ..... increased ice s quantum of punishment. held: in light of historical practice and the states authority over administration of their criminal justice systems, the sixth amendment does not inhibit states from assigning to judges, rather than to juries, the finding of facts necessary to the imposition of consecutive, rather than concurrent, ..... this case could not have imposed a sentence of consecutive prison terms without making the factual finding that the defendant caused separate harms to the victim by the acts that produced two convictions. see 343 ore. 248, 268, 170 p. 3d 1049, 1060 (2007) (kistler, j., dissenting). there can thus be .....
Tag this Judgment!Court : UK Supreme Court
..... every such place shall, so far as is reasonably practicable, be made and kept safe for any person working there" were added by section 5 of the 1959 act. the amendment adding them was proposed late in the passage of the bill. it was felt to be "a real fault and a gap in the existing legislation" that it ..... floors, passages and stairs, fumes and lack of oxygen in confined spaces, explosive or inflammable dust, vapour or substance, boilers, means of escape and fire. the general distinction between health and safety provisions was also present in the 1937 act, and significance was attached to it in clifford v charles h challen and son ltd [1951] 1 kb 495, 498 ..... possibility that the minister might take advice on and look more closely at noise, with a view to making regulations under section 60 of the 1937 act as amended (later section 76 of the 1961 act), enabling the minister to make regulations where satisfied that, inter alia, any process was "of such a nature as to cause risk of bodily .....
Tag this Judgment!Court : UK Supreme Court
..... suggests that the select committee's recent report, not available to the court of appeal, remedies any deficiencies in her case in relation to the proportionality of the amendment and thus to the justification for her interference with the rights of the respondents. i disagree. although its reference to discrimination against migrant communities is, by implication, ..... into accepting that the girl and the man were both aged over 21? i) might the effect of the amendment be to precipitate a swift pregnancy in the girl, following the forced marriage and an act or acts of rape, such as might found an application for a discretionary grant of a marriage visa by reference to exceptional ..... in which the fmu gave general or preliminary advice in 2008, 2009 and 2010, over 70% related to families of pakistani, bangladeshi or (to a much lesser extent) indian origin. c. the factsmr aguilar quila, the first respondent, is a national of chile who was born on 12 july 1990. his wife, ms amber aguilar, is .....
Tag this Judgment!Court : US Supreme Court
..... meet the necessities of the particular right to be protected." but there is express authority to protect the rights and immunities referred to in the fourteenth amendment, and to enforce observance of them by appropriate congressional legislation. and one very efficient and appropriate mode of extending such protection and securing to a ..... the power to withhold from them the equal protection of the laws, and invested congress with power, by appropriate legislation, to enforce its provisions. 3. the amendment, although prohibitory in term, confers by necessary implication a positive immunity, or right, most valuable to persons of the colored race -- the right to exemption ..... 100 u. s. 312 pains, penalties, taxes, licenses, and exactions of every kind, and to no other." this act puts in the form of a statute what had been substantially ordained by the constitutional amendment. it was a step towards enforcing the constitutional provisions. sect. 641 was an advanced step, fully warranted, we think .....
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