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The Transportation Security Administration (TSA) is proposing to revise its civil aviation security regulations to clarify that TSA may use advanced imaging technology (AIT) to screen individuals at security screening checkpoints. This proposed rule is issued to comply with a decision of the U.S. Court of Appeals for the District of Columbia Circuit, which ordered TSA to engage in notice-and-comment rulemaking on the use of AIT for screening. The Court decided that TSA should provide notice and invite comments on the use of AIT technology for primary screening.
Clark Law Firm, which concentrates in complex business litigation, announced that D. John Sauer, a former federal prosecutor and law clerk to Associate Justice Antonin Scalia of the U.S. Supreme Court, joins the St. Louis firm as a partner. With the addition of Sauer, the firm is changing its name to Clark & Sauer. The firm also announced that Sarah E. Pitlyk, a former law clerk to Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit, joins the firm as an associate.
EPA is issuing a supplement to its proposed approval of the State of Indiana's request to redesignate the Indianapolis area to attainment for the 1997 annual National Ambient Air Quality Standards (NAAQS or standard) for fine particulate matter (PM<INF>2.5</INF>). This supplemental proposal revises and expands the basis for proposing approval of the state's request, in light of developments since EPA issued its initial proposal on September 27, 2011. This supplemental proposal addresses four issues, including the effects of two decisions of the United States Court of Appeals for the District of Columbia (D.C. Circuit or Court): the Court's August 21, 2012 decision to vacate and remand to EPA the Cross- State Air Pollution Control Rule (CSAPR) and the Court's January 4, 2013 ...
The federal appeals court ruling last week finding President Obama abused his recess appointment powers harkened back to a vision of the Constitution that many thought long dead, and could upend decades of practice by Republicans and Democrats. In the short term, the ruling by a three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia holds that Mr. Obama illegally bypassed Congress to name three members of the National Labor Relations Board - calling into question hundreds of decisions made by the board in the year since the appointments.
On March 21, 2011, the EPA promulgated its final response to the 2001 voluntary remand of the December 1, 2000, new source performance standards and emission guidelines for commercial and industrial solid waste incineration units and the vacatur and remand of several definitions by the District of Columbia Circuit Court of Appeals in 2007. Following that action, the Administrator received petition[s] for reconsideration as well as identified some issues that warrant further opportunity for public comment. In response to the petition[s], the EPA is reconsidering and requesting comment on several provisions of the final new source performance standards and emission guidelines for commercial and industrial solid waste incineration units. In addition, the EPA is proposing amendments to the ...
The article focuses on the most recent, and most relevant, of the cases, the U.S. Court of Appeals for the District of Columbia's decision in Department of the Air Force, Dover Air Force Base v. Federal Labor Relations Authority.3 The courts, particularly the Dover AFB court, have made several errors which have forced government agencies to invite unions to participate in mediation of discrimination complaints brought by its bargaining unit members. The courts' errors include: deferring to the Federal Labor Relations Authority (FLRA)4 in its interpretation of a statutory process governed by the EEOC, failing to consider the text of the Civil Rights Act (Title VII)5 in its analysis of a process mandated by that Act, using a Labor statute to determine if a process created by Title VII is...
WASHINGTON - A conservative-leaning appeals court panel on Tuesday upheld the constitutionality of President Barack Obama's health care law, as the Supreme Court prepares to consider this week whether to resolve conflicting rulings over the law's requirement that all Americans buy health care insurance. A panel of the U.S. Court of Appeals for the District of Columbia issued a split opinion upholding the lower court's ruling that found Congress did not overstep its authority in requiring people to have insurance or pay a penalty on their taxes, beginning in 2014. The requirement is the most controversial requirement of Obama's signature domestic legislative achievement and the focus of conflicting opinions from judges across the country. The Supreme Court could decide as early as Thursd...
Under recent Supreme Court decisions, and the Military Commissions Act passed by Congress in 2006, detainees have a right to judicial review both of their classification as enemy combatants and of any criminal sentence passed against them. [...] despite their illegitimate methods of warfare, the Guantanamo detainees have received more due process rights than even soldiers of sovereign states merit under the Geneva Conventions. The detainee can be held only if the board concludes that he is an enemy combatant by a preponderance of the evidence, and this decision is subject to review by the United States Court of Appeals for the District of Columbia Circuit and the United States Supreme Court.
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