Court : US Supreme Court
..... cannot set it aside on those grounds, no matter when they are raised. iii our conclusion is bolstered by recognition that the amendments do allow claims of technological and economic infeasibility to be raised in situations where consideration of such claims will not substantially interfere with the primary congressional purpose of ..... appropriate compliance order under 113(a)(4). brief for respondent epa 36 n. 34. [ footnote 18 ] in short, the amendments offer ample opportunity for consideration of claims of technological and economic infeasibility. always, however, care is taken that consideration of such claims will not interfere substantially with the primary goal of ..... as infeasible. [ footnote 18 ] if he chooses not to seek a compliance order, or if an order is issued and violated, the administrator may institute a civil enforcement proceeding. 113(b). additionally, violators of an implementation plan are subject to criminal penalties under 113(e) and citizen enforcement suits under 304 .....
Tag this Judgment!Court : US Supreme Court
..... the states' assisted-suicide bans have in recent years been reexamined and, generally, reaffirmed. because of advances in medicine and technology, americans today are increasingly likely to die in institutions, from chronic illnesses. president's comm'n for the study of ethical problems in medicine and biomedical and behavioral research, ..... decisionmaking," collins, supra, at 125, that direct and restrain our exposition of the due process clause. as we stated recently in flores, the fourteenth amendment "forbids the government to infringe ... 'fundamental' liberty interests at all, no matter what process is provided, unless the infringement is narrowly tailored to ..... legitimate interest that could support the earlier congressional compromise. the ensuing judgment of history needs no recounting here. after the ratification of the fourteenth amendment, with its guarantee of due process protection against the states, interpretation of the words "liberty" and "property" as used in due process .....
Tag this Judgment!Court : US Supreme Court
..... ' presently allows for more than 35 channels, including movies, sports, fm radio, and educational, children's, and religious programming. the institutional uses for cable television are fast increasing, with technology for two-way service capability. future potential for cable television is referred to as 'blue sky,' indicating that virtually unlimited ..... parker and the city of lafayette standards. we take up these arguments in turn. (1) respondent city's parker argument emphasizes that, through the home rule amendment, the people of the state of colorado have vested in the city of boulder " every power theretofore possessed by the legislature . . . in local and municipal ..... city only in matters of local concern, and that the operations of cable television embrace "wider concerns, including interstate commerce . . . [and] the first amendment rights of communicators." 485 f.supp. 1035, 1038-1039 (1980). then assuming, arguendo, that the ordinance was within the city's authority as a home rule .....
Tag this Judgment!Court : US Supreme Court
..... urging reversal. 26 education america, inc., a for-profit consulting and management firm for technical and vocational schools. in december 1986, the jacksons acquired the acme institute of technology, a not-for-profit technical school located in south bend, indiana, which offered associate degree programs in electronic engineering, and tool, die, and plastics mold ..... assets, or property provided or insured under this subchapter ... shall be fined not more than $20,000 or imprisoned not more than 5 years, or both." higher education amendments of 1992, pub. l. 102-325, 495, 106 stat. 631. 33 ture, or history of 1097(a) warrants importation of an "intent to defraud" requirement ..... third party. so read, the measure does not render felonious innocent maladministration of a business enterprise or a merely unwise use of funds. furthermore, a 1992 amendment adding "fails to refund" to 1097(a)'s text does not demonstrate that the deliberate failure to return gsl funds, without an intent to defraud, .....
Tag this Judgment!Court : US Supreme Court
..... . by kenneth s. geller, eileen penner, and thomas a. gottschalk; for human rights advocates et al. by constance de la vega; for the massachusetts institute of technology et al. by donald b. ayer, elizabeth rees, debra l. zumwalt, and stacey j. mobley; for the national asian pacific american legal consortium et ..... violated petitioners' "rights to nondiscriminatory treatment," an injunction prohibiting respondents from "continuing to discriminate on the basis of race in violation of the fourteenth amendment," and an order requiring the lsa to offer hamacher admission as a transfer student.4 id., at 40. the district court granted petitioners' motion ..... point bonus without consideration of the particular background, experiences, or 23 we have explained that discrimination that violates the equal protection clause of the fourteenth amendment committed by an institution that accepts federal funds also constitutes a violation of title vi. see alexander v. sandoval, 532 u. s. 275 , 281 (2001); .....
Tag this Judgment!Court : US Supreme Court
..... for 1983 are to be established prior to consideration of the characteristics of the individual plant. american iron & steel institute v. epa, supra at 1037 n. 15. moreover, it shows that the term "best technology economically achievable" does not refer to any individual plant. otherwise, it would be impossible for this "economically achievable ..... 1977 * 430 u.s. 112 certiorari to the united states court of appeals for the fourth circuit syllabus the federal water pollution control act amendments of 1972 (amendments) authorized a series of steps to be taken to eliminate all discharges of pollutants into the nation's waters by 1985. the first steps are ..... premature. [ footnote 20 ] all citations to the legislative history are to senate committee on public works, a legislative history of the water pollution control act amendments of 1972, prepared by the environmental policy division of the congressional research service of the library of congress (comm.print 1973). [ footnote 21 ] petitioners .....
Tag this Judgment!Court : US Supreme Court
..... impairment of their health. significantly, the secretary asserts that his mandate to set such standards at the safest level technologically and economically page 448 u. s. 680 achievable remained unchanged by the dominick amendment. according to the secretary, the change in language from "most adequately and feasibly assures" to "most adequately ..... air. tr. 1030-1032, 1133-1134. [ footnote 24 ] indeed, in its explanation of the standard osha states that an employer is required to institute engineering controls (for example, installing new ventilation hoods) even if those controls are insufficient, by themselves, to achieve compliance and respirators must therefore be used ..... of benzene were subject to a significantly increased risk of leukemia. [ footnote 9 ] in a 1974 report recommending a permanent standard for benzene, the national institute for occupational safety and health page 448 u. s. 619 (niosh), osa's research arm, [ footnote 10 ] noted that these studies raised the " .....
Tag this Judgment!Court : US Supreme Court
..... impact statement (1976), ex. 6-76, ct. of app. j.a. 457, 573-748; rti, technological feasibility and economic impact of regulations for cotton dust: testimony to be presented by the research triangle institute at public hearing (1977), ex. 16, id. at 1320, 1351-1357. the industry estimates were presented by ..... -503 (ca5 1978), aff'd on other grounds, industrial union dept. v. american petroleum institute, supra. senator chiles was sufficiently certain that the act did not contemplate cost-benefit analysis that he introduced an amendment in 1973 that, inter alia, "directs the secretary to recognize the cost-benefit ratio in promulgating ..... diminished life expectancy." significantly, the feasibility requirement was left intact in the statute. instead of the phrase "which most adequately and feasibly assures," the amendment merely substituted "which most adequately assures, to the extent feasible," to emphasize that the feasibility requirement operated as a limit on the promulgation of standards .....
Tag this Judgment!Court : US Supreme Court
..... period of 14 years. act of may 31, 1790, 1, 1 stat. 124. since then, as the technology available to authors for creating and preserving their writings has changed, the governing statute has changed with it. by many amendments, and by complete revisions in 1831, 1870, 1909, and 1976, [ footnote 2/4 ] authors' rights have ..... see 37 page 464 u. s. 470 cfr 201.14(b) (1983). limits also are imposed on the extent of the copying and the type of institution that may make copies, and the exemption expressly is made inapplicable to motion pictures and certain other types of works. 108(h). these limitations would be wholly ..... at 2543-2552 (thomas hansen, national collegiate athletic association); id. at 2565-2572 (benjamin armstrong, national religious broadcasters). those officials were authorized to be the official spokespersons for their respective institutions in this litigation. id. at 2432, 2479, 2509-2510, 2530, 2538, 2563. see fed.rule civ.proc. 30(b)(6). [ footnote 25 ] tr. 2863-2902; .....
Tag this Judgment!Court : US Supreme Court
..... a cable system operator, it seems clear, after turner broadcasting, that such a requirement would be found to violate the operator's first amendment rights" (footnotes omitted)); ugland, cable television, new technologies and the first amendment mter turner broadcasting system, inc. v. f. c. c., 60 mo. l. rev. 799, 837 (1995) ("peg ..... public forum, 34 ucla l. rev. 1713, 1753 (1987). we have allowed content-based limitations of public fora, but only when necessary to serve specific institutional ends. see perry, 460 u. s., at 48 (school mailboxes, if considered designated public fora, could be limited to mailings from "organizations that engage in ..... 258 (materials so filed hereinafter fcc record) ("in 88% [of new york public access systems] access channels were programmed jointly between the cable operator and another institution such as a university, library, or non-profit access organization"); id., at 28-32, fcc record; comments of n ational cable television association inc., at 14 .....
Tag this Judgment!