Court : US Supreme Court
..... states court of appeals for the district of columbia circuit no. 11 246. argued april 24, 2012 decided june 18, 2012 [ 1 ] the indian reorganization act (ira) authorizes the secretary of the interior to acquire property for the purpose of providing land to indians. 25 u. s. c. 465. petitioner match-e-be-nash ..... property. the band s application explained that the band would use the property for gaming purposes, with the goal of generating the revenue necessary to promote tribal economic development, self-sufficiency and a strong tribal government capable of providing its members with sorely needed social and educational programs. app. 52, 41. [ 1 ] in ..... for tourism, manufacturing, mining, logging, . . . and gaming. cohen 15.01, at 965. section 465 thus functions as a primary mechanism to foster indian tribes economic development. as the d. c. circuit explained in the michgo litigation, the section provid[es] lands sufficient to enable indians to achieve self-support. michigan gambling, 525 f. .....
Tag this Judgment!Court : UK Supreme Court
..... it to the other. those powers are conferred by the following sections of the town and country planning act 1990 ("the act"). "226. compulsory acquisition of land for development and other planning purposes. (1) a local authority to whom this section applies shall, on being authorised to do so by the secretary of state, have ..... capable of bringing economic/social/environmental benefits to a wider area would be if the redevelopment was likely to act as the catalyst for the development or redevelopment of some other site or sites within the authority's area. 27. such a catalytic effect might be direct, e.g. because redeveloping the cpo site ..... lord collins: introduction 1) this appeal is about compulsory acquisition of private property by local authorities under the town and country planning act 1990 ("the 1990 act") in connection with the development or re-development of land. it raises for the first time, in the context of compulsory acquisition, a number of controversial issues which have .....
Tag this Judgment!Court : US Supreme Court
..... utilization of radio facilities in the public interest." (report, pp. 46, 83, 83n. 3.) we conclude, therefore, that the communications act of 1934 authorized the commission to promulgate regulations designed to correct the abuses disclosed by its investigation of chain broadcasting. there remains for consideration the claim that the ..... or the purpose of the congress to confer on the commission the regulatory powers now being asserted. manifestly that subdivision dealt with experimental and development work -- technical and scientific matters -- and the construction of its concluding clause should be accordingly limited to those considerations. nothing in its legislative ..... listening audience at a definite hour, and the long-term advertising contract becomes a highly dubious project. this hampers the efforts of the station to develop local commercial programs, and affects adversely its ability to give the public good program service. . . . a station licensee must retain sufficient freedom .....
Tag this Judgment!Court : US Supreme Court
..... the federal power commission and the courts. we are all agreed that congress has the constitutional power to promote a comprehensive development of the nation's water resources, and that it has exercised its authority by the federal power act. 41 stat. 1063, 49 stat. 838, 16 u.s.c. 791a et seq. see united states v. ..... , administer the public lands and reservations of the united states and, in certain cases, exercise authority under the treaties of the united states. these sources of constitutional authority are all applied in page 328 u. s. 172 the federal power act to the development of the navigable waters of the united states. [ footnote 17 ] the closeness of the ..... its greatest step toward exercising its jurisdiction in this field by authorizing federal licenses, under the federal water power act of 1920 (41 stat. 1063), for terms of 50 years for the development of water power in the navigable waters of the united states. that act was limited in 1921 by the exclusion from it of water .....
Tag this Judgment!Court : US Supreme Court
..... suit, new jersey also expressly grounded its action upon the necessity of overturning "'the restrictions imposed by the covenant [that] effectively preclude sufficient port authority participation in the development of a public transportation system in the port district.'" id. at 172, 338 page 431 u. s. 38 a.2d at 860. approximately one ..... northern new jersey in particular, with ambient air quality levels among the worst in the nation, the clean air act has led to new regulations premised on the policy: "the development of large-scale mass transit facilities and the expansion and modification of existing mass transit facilities is essential to any ..... of its citizens' welfare unless such actions "are . . . clearly unreasonable and arbitrary. . . . [and in applying this standard] [u]ndoubtedly the city, acting as the arm of the state, has a wide discretion in determining what precautions in the public interest are necessary or appropriate under the circumstances." new orleans pub. serv., .....
Tag this Judgment!Court : US Supreme Court
..... of this surcharge and places it in an escrow account; and (3) states achieving a series of milestones in developing sites receive portions of this fund. the second set of incentives-the access incentives-authorizes sited states and regional compacts gradually to increase the cost of access to their sites, and then to deny access altogether ..... 42 u. s. c. 2021c(a)(1)(a), with the exception of certain waste generated by the federal government, 2021c(a)(1)(b), 2021c(b). the act authorizes states to 152 "enter into such [interstate] compacts as may be necessary to provide for the establishment and operation of regional disposal facilities for low-level radioactive waste ..... state for the disposal of low-level radioactive waste generated within its borders." pub. l. 96-573, 4(a)(1), 94 stat. 3348. the 1980 act further authorized states to "enter into such compacts as may be necessary to provide for the establishment and operation of regional disposal facilities for low-level radioactive waste," 4( .....
Tag this Judgment!Court : US Supreme Court
..... an instrumentality for national defense in case of war. a construction of the act authorizing the agreed disposition of the reserve would conflict with the policy of the government to maintain in the ground a great reserve of oil for the navy. joint resolution, ..... . the cost of the pipeline is not included in any of these figures. it was not deemed to be a facility merely for the development of the reserve, but was desired by those acting for the government for the transportation of oil obtained in that part of the country, to create competition in the oil market, and as ..... to the secretary of the interior the authorization of such additional wells or leases within the naval reserves as the president, by 18 of the leasing act, was empowered to permit or grant; that, under the act of june 4, 1920, the secretary of the navy might request him to handle the conservation, development, and operation of the naval reserves. .....
Tag this Judgment!Court : US Supreme Court
..... there is a vital difference between searches incident to lawful custodial arrests and terry protective searches. the court deliberately ignores that difference in relying on principles developed within the context of intrusions supported by probable cause to arrest to construct an "area search" rule within the context of a terry stop. the ..... does not mean that the police may conduct automobile searches whenever they conduct an investigative stop, although the "bright line" that we drew in belton clearly authorizes such a search whenever officers effect a custodial arrest. an additional interest exists in the arrest context, i.e., preservation of evidence, and this justifies ..... this case justified the officers in their reasonable belief that respondent posed a danger if he were permitted to reenter his vehicle. nor did they act unreasonably in taking preventive measures to ensure that there were no other weapons within respondent's immediate grasp before permitting him to reenter his automobile .....
Tag this Judgment!Court : US Supreme Court
..... began working with lonnie garvin, jr., a mortgage banker, who had developed a plan to enable multifamily developers to obtain single-family mortgage insurance from respondent department of housing and urban development (hud). respondent secretary of hud (secretary) is authorized to provide single-family mortgage insurance under 203(b) of the national housing act, 48 stat. 1249, as amended, 12 u. s. c. 1709(b ..... make final agency decisions prior to the enactment of the ap a. see federal administrative law developments-1971, 1972 duke l. j. 115, 295, n. 22 ("[p]rior to the passage of the apa, the existing agencies ordinarily lacked the authority to make binding de- 11 the act of august 18, 1894, 28 stat. 390, provided: "in every case where an alien is .....
Tag this Judgment!Court : US Supreme Court
..... third-party costs as a matter of law. pp. 424-425. 418 syllabus (c) although the government required petitioner wm. t. thompson co. to produce agent orange under authority of the defense production act of 1950 (dpa) and threat of civil and criminal fines, imposed detailed specifications, had superior knowledge of the hazards, and, to a measurable extent, seized thompson's processing ..... indemnification could be provided to defense contractors); 10 u. s. c. 2354 (1956 statute authorizing indemnification provisions in contracts of a military department for research or development); 42 u. s. c. 2210 (indemnity scheme, first enacted statutes that expressly provide for the creation of indemnity agreements); the act bars agreements for which there has been no appropriation. we consider open-ended indemnification in .....
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