Court : US Supreme Court
..... 330 . (c) the prime farmland and "approximate original contour" provisions do not violate the equal protection and due process guarantees of the fifth amendment. congress acted rationally in making no allowances for variances from the prime farmland requirements and in allowing variances from the approximate original contour only for steep slope and ..... dvanced submission of mining and reclamation plans to a responsible government agency having authority to grant or deny approval to engage in mining, based upon the information in the plans and the requirements of the regulations." house hearings, pt. 2, at 86. these requirements obviously enable the regulatory authority to ..... mining begins, whether the prospective mine operator has given adequate consideration to the postmining fate of the land, and whether the operator possesses the technological capability to restore the land in the manner proposed. similarly, the relevance of the topsoil replacement requirement in 515(b)(5) to the .....
Tag this Judgment!Court : US Supreme Court
..... noted: "the attraction of substantial equivalence to manufacturers is clear. [section] 510(k) notification requires little information, rarely elicits a negative response from the fda, and gets processed very quickly." adler, the 1976 medical device amendments: a step in the right direction needs another step in the right direction, 43 food drug cosmo l. ..... was enacted "to provide for the safety and effectiveness of medical devices intended for human use." 90 stat. 539. medtronic asserts that the act was also intended, however, to "protect innovations in device technology from being 'stifled by unnecessary restrictions,'" brief for petitioner in no. 95-754, p. 3 (citing h. r. rep. no. ..... 94-853, at 12), and that this interest extended to the pre-emption of common-law claims. while the act certainly reflects some of these concerns, .....
Tag this Judgment!Court : US Supreme Court
..... constitutional power to employ electronic surveillance without warrant to gather information about domestic organizations. absent probable cause and judicial authorization, the challenged wiretap infringed plamondon's fourth amendment rights. the court ordered the government to disclose to ..... through the attorney general -- may find it necessary to employ electronic surveillance to obtain intelligence information on the plans of those who plot unlawful acts against the government. [ footnote 9 ] the use of such surveillance in internal security cases ..... acts of sabotage against the government exist in sufficient number to justify investigative powers with respect to them. [ footnote 12 ] the covertness and complexity of potential unlawful conduct page 407 u. s. 312 against the government and the necessary dependency of many conspirators upon the telephone make electronic surveillance an effective investigatory instrument in certain circumstances. the marked acceleration in technological .....
Tag this Judgment!Court : US Supreme Court
..... action. a claim shall be barred unless a complaint is filed within the time specified.' footnote 5 42 u.s.c. 2242, an amendment of the atomic energy act of 1954, grants the atomic energy commission the authority to issue temporary operating licenses for nuclear power reactors and provides that, under certain conditions, ..... of their destruction. the people have long heard and too long heeded the advice of those with a monetary stake. nepa was designed to augment that information with an analysis of other factors. whether that analysis can be undertaken by those whose economic voice is already heard is an issue as yet undecided ..... have listened as the manufacturing-industrial complex advised us on the desirability of fueling 'progress' by stripping our land and using our rivers, lakes, and atmosphere as technological sewers. we have allowed commercial recreational interests to determine the advisability of 'developing' our dwindling wilderness. [ footnote 6 ] nepa was designed to correct in .....
Tag this Judgment!Court : US Supreme Court
..... krebs pigment & color corporation which then had been assumed by national lead and du pont, respectively, was amended on january 1, 1941, to eliminate provisions for the exchange of technical information. finding of fact 75. it was further amended to include extender pigments, which theretofore had been included by implication and practice. finding of fact 76. ..... ex. e, officials of nl had been concerned by the early expiration dates of many of the patents upon which nl relied. by exchanging patents and technology with dp, a large and powerful corporation, possessed of great research facilities, nl expected to strengthen the patent monopoly of nl and dp jointly, as ..... both by individuals and by government, has long been settled. in recognition of this quality of a patent, the courts, in enjoining violations of the sherman act arising from the use of patent licenses, agreements, and leases, have abstained from action which amounted to a forfeiture of the patents." "the government urges that .....
Tag this Judgment!Court : US Supreme Court
..... and the percentage limitations were raised in 1966. 80 stat. 307. [ footnote 43 ] see n 35, supra. see also amendments to freedom of information act, pub.l. 93-502, 1(b)(2), 88 stat. 1561 (amending 5 u.s.c. 552(a)). [ footnote 44 ] although an award against the united states is foreclosed by 28 u.s ..... government unwilling to enforce congressional land use policy. private action was necessary to assure compliance with the mineral leasing act; the new environmental, technological, and land use safeguards written into the 1973 amendments to the act are directly traceable to the respondents' success in this litigation. in like manner, continued action was needed to ..... of litigation of this proportion. extensive factual discovery, expert scientific analysis, and legal page 421 u. s. 287 research on a broad range of environmental, technological, and land use issues were required. see affidavit of counsel (re bill of costs), app. 213-219. the disparity between respondents' direct stake in the .....
Tag this Judgment!Court : US Supreme Court
..... of federal funds, would lie with those agencies administering the federal financial assistance programs. see s.rep. no. 93-1297, pp. 39-40 (1974). when the act was amended in 1978, that understanding was made explicit. see pub.l. 95-602, tit. i, 119, 92 stat. 2982; n 1, supra. it is clear ..... p. 26 (brackets in original). [ footnote 3 ] "captioning" refers to any of several technologies, see captioning for the deaf, 63 f.c.c.2d 378 (1976), that project written text onto a television image so that deaf viewers receive information that is communicated to others by the soundtrack. see also n 8, infra. [ footnote 4 ..... the icc could therefore ignore other relevant statutes in deciding whether a proposed transaction would serve the "public interest": "to secure the continuous, close and informed supervision which enforcement of legislative mandates frequently requires, congress has vested expert administrative bodies such as the interstate commerce commission with broad discretion, and has charged .....
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..... at 50. gmc began construction of a new painting facility but continued to operate its existing plant. on august 14, 1986, epa sent gmc a notice of violation, informing gmc that it was in violation of the applicable sip. id. at 75. approximately one year later, on august 17, 1987, respondent filed an enforcement action under 113 ..... by the state after reasonable notice and public hearings." 110(a)(3), 42 u.s.c. 7410(a)(3)(a) (1982 ed.). the 1970 amendments also specified certain enforcement mechanisms. the act empowered epa to order compliance with an applicable implementation plan, 113(a), 42 u.s.c. 7413(a) (1982 ed.), and to seek injunctive ..... the sip permitted gmc to meet emissions limits in stages, but required full compliance by december 31, 1985. in 1981, epa published a policy statement suggesting that new technology in automobile painting operations might justify deferral of industry compliance until 1986 or 1987. 46 fed.reg. 51386. three years later, in november, 1984, gmc sought an .....
Tag this Judgment!Court : US Supreme Court
..... imprisoned implicates neither life nor limb, our early cases held that double jeopardy protection extends to punishments that are not positively covered by the language of [the] amendment. ex parte lange , 18 wall. 163, 170 (1874). as we explained, [i]t is very clearly the spirit of the instrument to prevent ..... some counts and its failure to return a verdict on other counts affects the preclusive force of the acquittals under the double jeopardy clause of the fifth amendment. we hold that it does not. i in 1997, enron corporation (enron) acquired a telecommunications business that it expanded and ultimately renamed enron broadband services ..... that petitioner and others committed four acts of wire fraud when they issued four ebs-related press releases in 2000. counts 27 through 46, the insider trading counts, alleged that petitioner made 20 separate sales of enron stock while in the possession of material non-public information regarding the technological capabilities, value, revenue and .....
Tag this Judgment!Court : US Supreme Court
..... deferred payment agreement covering this amount. petitioners filed suit in the court of federal claims (cfc) to challenge admiral morris s termination decision under the contract disputes act of 1978, 92 stat. 2388, as amended, 41 u. s. c. 609(a)(1). the federal circuit has recognized a governmental obligation not to mislead contractors about, or silently withhold, its superior knowledge of ..... -to-discover information vital to contractual performance. gaf corp. v. united states , 932 f. 2d 947, 949 (1991). petitioners asserted that the government s failure to share its superior knowledge about how to design and manufacture stealth aircraft excused their default (and also asserted other claims not relevant here). uncovering the extent of the government s prior experience with stealth technology proved .....
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