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   Federal Courts - DC Circuit Court and Court of Appeals - May 11, 2007

  
City of Dania Beach v. FAA, No. 05-1328, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 11, 2007, Decided
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Overview: FAA's letter adopting new runway use procedures at a local airport was set aside because agency adopted procedures without engaging in the environment review process required by 42 U.S.C.S. § 4332 of National Environmental Policy Act and 49 U.S.C.S. § 303(c) of Transportation Act and also failed to follow agency's own environmental review policies.

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Democratic Republic of Congo v. Fg Hemisphere Assocs., LLC, No. 07-7045 Consolidated with 07-7046, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 11, 2007, Filed
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In re Fashina, No. 06-3002, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 11, 2007, Decided
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Overview: An inmate's petition for leave to file a second or successive 28 U.S.C.S. § 2255 petition, asserting that his sentence was illegal under Booker, was denied since Booker was not retroactively applicable on collateral review; Booker did not announce either a substantive rule or a watershed procedural rule.

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Mueller v. Winter, No. 05-5396, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 11, 2007, Decided
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Overview: Although ratings in supplemental fitness report for lieutenant commander were different from those in original, they were still judgments, and there was no way to determine whether inaccuracies reporting senior discerned were errors of fact or opinion; thus, challenge to refusal to remove original report under Privacy Act failed.

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Nat'l Ass'n of Mfrs. v. OSHA, No. 06-1122, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 11, 2007, Decided
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Overview: Because the addition of five new substances to the list of toxic and hazardous substances did not modify OSHA's Hazard Communication Standard, a petition for review of OSHA's order amending the list was untimely filed under 29 U.S.C.S. § 655(f) in that the Standard had remained unchanged in relevant respects for almost 20 years.

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Transcon. Gas Pipe Line Corp. v. FERC, No. 04-1234 Consolidated with 06-1143, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 11, 2007, Decided
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Overview: At time of petitioner's contract with intervenor, FERC had authority to regulate gathering services and authority to order petitioner to pay compensation for terminating those services in violation of contract; FERC's reimbursement order did not regulate provision of gathering services by petitioner's affiliate to which petitioner sold facilities.

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Transmission Agency v. FERC, No. 05-1402 Consolidated with 06-1246, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 11, 2007, Filed
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United States v. Johnson, No. 04-3096, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 11, 2007, Filed
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United States v. Sanders, No. 05-3133, Consolidated with No. 05-3155, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 11, 2007, Decided
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Overview: Defendant's convictions were reversed, and the case was remanded with instructions to dismiss the indictments because, in light of the Zedner decision, defendants' Speedy Trial Act, 18 U.S.C.S. § 3161 et seq., were violated; an excessive number of excludable days had elapsed before their trial began.

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We the People Found., Inc. v. United States, No. 05-5359, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, May 11, 2007, Filed
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